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MILLS v. PANAMA CANAL COMPANY

No. 98, Docket 25681.

272 F.2d 37 (1959)

John William MILLS, Plaintiff-Appellant, v. PANAMA CANAL COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 16, 1959.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Gilbert Adler, New York City, on the brief), for plaintiff-appellant.

Leavenworth Colby, Attorney, Department of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., S. Hazard Gillespie, Jr., U. S. Atty., Southern District of New York, New York City, Samuel D. Slade, Attorney, Department of Justice, Washington, D. C., Benjamin H. Berman, Attorney, Department of Justice, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.

LEONARD P. MOORE, Circuit Judge.

Plaintiff, a seaman, employed by defendant, brought this action to recover damages for injuries allegedly sustained at the port of Colon, Panama, while performing his duties on the SS Cristobal, a vessel owned and operated by defendant. He claims a right to maintain the action under the provisions of the Merchant Marine Act, commonly referred to as the Jones Act (46 U.S.C.A. § 688). Defendant amongst other defenses alleged that...

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