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MIHALCHAK v. AMERICAN DREDGING COMPANY

No. 12794.

266 F.2d 875 (1959)

John MIHALCHAK, Appellant, v. AMERICAN DREDGING COMPANY.

United States Court of Appeals Third Circuit.

Decided May 12, 1959.

Rehearing Denied July 2, 1959.

Attorney(s) appearing for the Case

Abraham E. Freedman, Philadelphia, Pa. (Wilfred R. Lorry, Marvin I. Barish, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellant.

T. E. Byrne, Jr., Philadelphia, Pa. (Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN and HASTIE, Circuit Judges and MORRILL, District Judge.

McLAUGHLIN, Circuit Judge.

John Mihalchak was employed as a deckhand by American Dredging Company on one of its scows. The scow was engaged in carrying material dredged from the Delaware River downstream to the assigned dumping places. The scow was moved to and fro between the dredge and dumping grounds by a tug. It was one of Mihalchak's duties on signal from the tug captain to open the doors forming the bottoms of the scow's five or six transverse compartments,...

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