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PINTO v. STATES MARINE CORPORATION OF DELAWARE

No. 11, Docket 26317.

296 F.2d 1 (1961)

Raul PINTO, Plaintiff-Appellant, v. STATES MARINE CORPORATION OF DELAWARE, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 26, 1961.

Rehearing Denied November 28, 1961.

Attorney(s) appearing for the Case

Theodore H. Friedman, New York City (Henry Isaacson, Jacob Rassner, New York City, of counsel; Theodore H. Friedman, New York City, on the brief), for plaintiff-appellant.

Corydon B. Dunham, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge.

As in Blier v. United States Lines Co., 2 Cir., 1961, 286 F.2d 920, certiorari denied 1961, 82 S.Ct. 32, the principal issue here is whether the charge of an able District Judge with respect to "transitory" unseaworthiness, given shortly before the decision in Mitchell v. Trawler Racer, Inc., 1960, 362 U.S. 539, 80 S.Ct. 926, 4 L.Ed.2d 941, accords with the principles there...

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