McMAHON v. PAN AMERICAN WORLD AIRWAYS, INC.

No. 19053.

297 F.2d 268 (1962)

Frank R. McMAHON, Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., and United States of America, Appellees.

United States Court of Appeals Fifth Circuit.

January 2, 1962.


Attorney(s) appearing for the Case

Arthur Roth, Miami, Fla., for appellant.

Daniel S. Pearson, Asst. U. S. Atty., Miami, Fla., Alan S. Rosenthal, Atty., Dept. of Justice, William E. Gwatkin, III, Atty., Dept. of Justice, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., Edward F. Boardman, U. S. Atty., Miami, Fla., for appellee.

Before JONES and BELL, Circuit Judges and SIMPSON, District Judge.


SIMPSON, District Judge.

Frank R. McMahon filed a libel in personam against Pan American World Airways and the United States of America, claiming that he had been an employee of Pan American, working on a vessel owned by the United States, and asking damages for unpaid overtime wages and for wrongful discharge. The libel was filed on March 24, 1959, and contained an allegation that appellant had been discharged on August 24, 1957.

Respondents, in their answer...

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