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TODD v. NELLO L. TEER COMPANY

No. 19376.

308 F.2d 397 (1962)

Frank D. TODD, Appellant, v. NELLO L. TEER COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 31, 1962.

Attorney(s) appearing for the Case

Egbert Beall, Charles E. Beall, West Palm Beach, Fla., for appellant.

T. J. Blackwell, Carl P. Stephens, Jr., John R. Hoehl, Miami, Fla., for appellee.

Before CAMERON and JONES, Circuit Judges, and DeVANE, District Judge.

CAMERON, Circuit Judge.

This appeal presents the question whether the court below committed reversible error in entering a final judgment against Frank D. Todd, plaintiff-appellant, when plaintiff had originally brought the action under the Merchant and Marine Act of 1920 (Jones Act) but, upon the argument of the motion of defendant-appellee Nello L. Teer Company to strike the allegations that said Act applied, plaintiff had orally agreed that the Jones Act did not...

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