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FOX v. THE S.S. MOREMACWIND

No. 8198.

285 F.2d 222 (1960)

Allen S. FOX, Libellant, Appellant, v. THE S.S. MOREMACWIND, her boats, tackle, etc., in rem, Respondent, and Moore-McCormack Lines, Incorporated, as owners, operators, etc., in personam, Respondent and Third-Party Petitioner, and Waterfront Ship Service Corporation, Third-Party Respondent, Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 27, 1960.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va., for appellant.

Harry E. McCoy, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on the brief) for appellee Moore-McCormack Lines, Inc.

Roy L. Sykes, Norfolk, Va. (Jett, Sykes & Coupland, Norfolk, Va., on the brief) for appellee Waterfront Ship Service Corp.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

This appeal from the District Court for the Eastern District of Virginia is by Allen S. Fox, who had filed a libel for personal injuries against the vessel, SS Moremacwind. The District Court found that Fox's loss of three fingers while doing work as a carpenter employed by Waterfront Ship Service Corporation on respondent's vessel was not a result of any unseaworthy condition, and dismissed the libel.

The vessel was about to take on...

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