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DWYER v. SOCONY-VACUUM OIL COMPANY

No. 286, Docket 26037.

276 F.2d 653 (1960)

Carrol P. DWYER, Libelant-Appellant, v. SOCONY-VACUUM OIL COMPANY, Inc., Respondent-Appellee

United States Court of Appeals Second Circuit.

Decided April 1, 1960.

Attorney(s) appearing for the Case

Francis X. Nestor, New York City, for libelant-appellant.

Herbert C. Smyth, New York City, for respondent-appellee.

Before LUMBARD, Chief Judge, BARNES, Circuit Judge and SMITH, District Judge.

PER CUR2IAM.

We affirm in open court the decree of February 17, 1954 of the District Court for the Southern District of New York awarding the libelant $5,000 for damages sustained when he was overcome by gas fumes and fell to the deck of the storage tank on respondent's S. S. Sachem in October, 1950. While the evidence of the slight permanent disability of Dwyer's left heel would have supported a larger award by Judge Murphy, especially as he was only 28 years old...

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