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STANKIEWICZ v. UNITED FRUIT STEAMSHIP CORPORATION

No. 102, Docket 23477.

229 F.2d 580 (1956)

Joseph STANKIEWICZ, Plaintiff-Appellant, v. UNITED FRUIT STEAMSHIP CORPORATION, a corporation, and United Fruit Company, a corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 30, 1956.

Attorney(s) appearing for the Case

Milton Garber, Hoboken, N. J. (Baker, Garber & Chazen, Hoboken, N. J., of counsel and Nathan Baker, Attorney, Hoboken, N. J., on the brief), for plaintiff-appellant.

Benjamin E. Haller, New York City (Burlingham, Hupper & Kennedy and Eugene Underwood, New York City, Attorney, on the brief), for defendant-appellee.

Before SWAN, FRANK and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

Plaintiff, a seaman on defendant's vessel, the Hibueras, brought this action on the law side of the District Court joining counts for negligence under the Jones Act, 46 U.S.C.A. § 688, unseaworthiness, and maintenance and cure. He alleged that one Bozarth, a fellow seaman, struck him with a jacket, the zipper of which hit and injured his eye. The plaintiff also alleged diversity of citizenship. The case was tried before Judge Bondy and...

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