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FALL v. ESSO STANDARD OIL COMPANY

No. 18578.

297 F.2d 411 (1961)

Edna FALL, as Administratrix of the Estate of Phillip Fall, Deceased, Appellant, v. ESSO STANDARD OIL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 22, 1962.

Attorney(s) appearing for the Case

Arthur Roth, Miami, Fla., for appellant.

Louis Kurz, Jr., Jacksonville, Fla., Walter X. Connor, New York City, for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This Jones Act litigation turns on the effect of a seaman's possession of a switchblade knife. Jimmie Murphy, a young messman in the crew of the S. S. Esso Augusta, stabbed and fatally wounded Phillip Fall, the ship's marine electrician, while the ship was tied to the Esso Refinery's docks in Baton Rouge, Louisiana.

Esso's schedule calls for three months on duty and one month off with pay. Murphy...

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