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KRUSILLA v. UNITED STATES

No. 180, Docket 26240.

287 F.2d 34 (1961)

Angelina KRUSILLA and Elizabeth Peras, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 16, 1961.

Attorney(s) appearing for the Case

Jeffrey H. Jennings, Smithtown, N. Y., for plaintiffs-appellees.

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Sherman L. Cohn, Atty., Dept. of Justice, Washington, D. C., and Cornelius W. Wickersham, Jr., U. S. Atty., Eastern District of New York, Brooklyn, N. Y., on the brief), for defendant-appellant.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

Martin Krusilla was employed as a stoker on a ferryboat on a route across the Hudson River between New York and New Jersey. His duties consisted of shoveling coal into the furnace of the ferryboat and cleaning out the ashes in 130-degree heat. As he was classified as a seaman, he availed himself of the facilities of the Public Health Service, as provided in 42 U.S.C.A. § 249(a) (1), and visited the Out-patient Clinic in New York City on March 17,...

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