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BERGAN v. INTERNATIONAL FREIGHTING CORP.

No. 279, Docket 24614.

254 F.2d 231 (1958)

Kgell BERGAN, Plaintiff-Appellant, v. INTERNATIONAL FREIGHTING CORP., Inc., Defendant-Appellee, and E. I. DuPont de Nemours & Co., and Odfjell Line, Inc., Defendants.

United States Court of Appeals Second Circuit.

Decided April 24, 1958.

Attorney(s) appearing for the Case

Herbert W. Sugarman, Far Rockaway, N. Y. (Harold P. Clune, New York City, on the brief), for plaintiff-appellant.

Vernon S. Jones, New York City (Kirlin, Campbell & Keating, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge and HAND, Circuit Judge, and DIMOCK, District Judge.

DIMOCK, District Judge.

Plaintiff appeals from a judgment dismissing, at the end of plaintiff's case, his action under the Jones Act. 46 U.S. C. § 688, 41 Stat. 1007. Judge Edelstein grounded the dismissal on his conclusion that plaintiff, in carrying out the duties in the course of which he was injured, was an employee of the ship-owner and not of the charterer, defendant International Freighting Corp. Inc.

The appeal presents the issue whether, in spite...

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