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PHIPPS v. N. V. NEDERLANDSCHE AMERIKAANSCHE S., M.

No. 15857.

259 F.2d 143 (1958)

Kenneth J. PHIPPS, Appellant, v. N. V. NEDERLANDSCHE AMERIKAANSCHE STOOMVART, MAATS, a corporation, also known as Holland-America Line, Appellee.

United States Court of Appeals Ninth Circuit.

August 21, 1958.

Attorney(s) appearing for the Case

John F. Conway, Portland, Or., for appellant.

Wood, Matthiessen, Wood & Tatum, Erskine Wood, John R. Brooke, Portland, Or., for appellee.

Before ORR and HAMLIN, Circuit Judges, and BOWEN, District Judge.

ORR, Circuit Judge.

At Portland, Oregon, on June 11, 1954, appellant Phipps was working as a hold man in a longshore gang in the employ of W. J. Jones & Son, Inc., who was loading the vessel under contract with appellee. Phipps was working at the bottom of a hold into which timbers of varying lengths up to 40 feet were being lowered. These timbers approximately 3" × 6" in size, bound together, by means of a sling, in bundles of 18-20 were being loaded into...

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