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BRAEN v. PFEIFER OIL TRANSPORTATION COMPANY

No. 40, Docket 25095.

263 F.2d 147 (1959)

Christian F. BRAEN, Plaintiff-Appellee, v. PFEIFER OIL TRANSPORTATION COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 23, 1959.

Certiorari Granted March 30, 1959.

Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio, New York City, for appellant. Edmund F. Lamb, New York City, of counsel.

Bernard Rolnick, New York City, for appellee. Benjamin H. Siff, New York City, of counsel.

Before SWAN and MOORE, Circuit Judges, and KAUFMAN, District Judge.

Certiorari Granted March 30, 1959. See 79 S.Ct. 740.

SWAN, Circuit Judge.

This is an action brought under the Jones Act, 46 U.S.C.A. § 688, in which plaintiff recovered judgment after a jury trial. The principal question presented by the appeal is whether at the time of his accident plaintiff was a "seaman" injured in the course of his employment within the meaning of the Jones Act, which provides in pertinent...

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