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B. & C. FISHING CO. v. AMIRAULT

Nos. 5799, 5800.

292 F.2d 600 (1961)

B. & C. FISHING CO., Inc., Defendant, Appellant, v. Samuel E. AMIRAULT et al., Plaintiffs, Appellees. BOAT M. C. BALLARD, INC., Respondent, Appellant, v. Samuel E. AMIRAULT et al., Libellants, Appellees.

United States Court of Appeals First Circuit.

August 2, 1961.

Attorney(s) appearing for the Case

James A. Whipple, Boston, Mass., with whom Kneeland & Splane, Boston, Mass., was on the brief, for appellants.

Morris D. Katz, Boston, Mass., for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

On June 29, 1955, the F/V Ballard struck the F/V Elizabeth B. amidships, injuring many of the latter's crew. Nine members brought a libel in personam against the owner of the Ballard for personal injuries, and eight of the nine sued the owner of their own vessel at law under the Jones Act, 46 U.S.C.A. § 688, with an additional count for maintenance and cure. Initially (and possibly always) over the objection of the libellee Ballard and...

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