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ORE NAVIGATION CORPORATION v. THOMSEN

No. 7683.

256 F.2d 447 (1958)

ORE NAVIGATION CORPORATION, Petitioner, v. Honorable Roszel C. THOMSEN, Chief Judge, United States District Court for the District of Maryland, and the United States District Court for the District of Maryland, Respondents.

United States Court of Appeals Fourth Circuit.

Decided June 5, 1958.

Attorney(s) appearing for the Case

George W. P. Whip, Baltimore, Md. (Lord, Whip & Coughlan, Baltimore, Md., on petition), for petitioner.

Solomon Kaplan, Baltimore, Md. (Sol C. Berenholtz, Baltimore, Md., on memorandum), for Eugene Jackson in opposition to petition.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and MOORE, District Judge.

PER CURIAM.

Eugene Jackson, a merchant seaman, filed a libel in admiralty against Ore Navigation Corporation for injuries sustained aboard its vessel, SS Feltore. Suit was based on the Jones Act; there was no claim on account of unseaworthiness. Jackson had told his then lawyer that he preferred a jury trial, but he did not specifically instruct him to pray one. In the admiralty court there is, of course, no provision for trial by jury.

Several months after...

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