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GARDNER v. NATIONAL BULK CARRIERS, INC.

No. 8362.

310 F.2d 284 (1962)

Mrs. Valerie Jean GARDNER, as Administratrix of the Estate of Robert Edward Gardner, Jr., Deceased, Appellant, v. NATIONAL BULK CARRIERS, INC., in personam and the S.S. BULKCRUDE, in rem, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 31, 1962.

Opinion Amended, Rehearing Denied and Dissenting Opinion Filed October 26, 1962.

Certiorari Denied February 18, 1963.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va. (Ralph Rabinowitz, Norfolk, Va., on brief), for appellant.

Roy L. Sykes and R. Arthur Jett, Norfolk, Va. (Jett, Sykes & Coupland, Norfolk, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.

Certiorari Denied February 18, 1963. See 83 S.Ct. 728.

SOBELOFF, Chief Judge.

Failure of the master of a vessel to make any attempt to rescue a member of his crew lost at sea is the basis of the present suit, brought under the Jones Act, 46 U.S.C.A. § 688, by the seaman's widow and executrix against the vessel and her owner.

The S.S. Bulkcrude was en route from New York to Corpus Christi along the Florida Keys at 11:30 p. m. on December 8, 1958...

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