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TYNDALL v. CONDUIT AND FOUNDATION CORPORATION

No. 12875.

269 F.2d 947 (1959)

Preston Lee TYNDALL v. CONDUIT AND FOUNDATION CORPORATION, Appellant.

United States Court of Appeals Third Circuit.

Decided August 31, 1959.

Attorney(s) appearing for the Case

J. B. H. Carter, Philadelphia, Pa. (Francis E. Shields, Pepper, Bodine, Frick, Scheetz & Hamilton, Philadelphia, Pa., on the brief), for appellant.

Abraham E. Freedman, Philadelphia, Pa. (Milton M. Borowsky, Marvin I. Barish, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.

BIGGS, Chief Judge.

Tyndall brought an admiralty action in personam against his employer, The Conduit and Foundation Corporation, for maintenance and cure and for damages under the Jones Act, 46 U.S.C.A. § 688. The trial resulted in an award to Tyndall of $1,760 for maintenance and cure and damages in the amount of $47,500. Conduit has appealed.

The primary issue at bar turns on whether Tyndall was or was not a seaman. If he was a "seaman" at the...

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