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MITCHELL v. TRAWLER RACER, INC.

No. 5429.

265 F.2d 426 (1959)

Frank C. MITCHELL, Plaintiff, Appellant, v. TRAWLER RACER, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

April 7, 1959.

Attorney(s) appearing for the Case

Morris D. Katz, Boston, Mass., for appellant.

James A. Whipple, Boston, Mass., for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

The amended complaint in this case, filed on the law docket of the United States District Court, sought damages for personal injuries sustained by a member of the crew of the fishing vessel Racer when he lost his footing while leaving the vessel due to the presence, as claimed, of some slimy substance. Count I of the amended complaint was based upon the Jones Act (41 Stat. 1007), 46 U.S.C.A. § 688, and charged that the accident was caused...

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