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FITZGERALD v. UNITED STATES LINES COMPANY

No. 194, Docket 26716.

306 F.2d 461 (1962)

Thomas I. FITZGERALD, Public Administrator of the County of New York, as Administrator of the goods, chattels and credits of Andres San Martin, Deceased, Plaintiff-Appellant, v. UNITED STATES LINES COMPANY, Defendant.

United States Court of Appeals Second Circuit.

Decided June 29, 1962.

Attorney(s) appearing for the Case

Theodore H. Friedman, Benjamin Glickman, Jacob Rassner, New York City, for plaintiff-appellant.

Matthew L. Danahar, Kirlin, Campbell & Keating, New York City (John A. Dowd, New York City, of counsel), for defendant.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

This action against United States Lines Company, begun in the Southern District of New York by Andres San Martin, a seaman employed on defendant's vessel, the S.S. American Reporter, has been continued, on his death after trial, by the Public Administrator of New York County. The complaint, filed in 1955 and brought to trial in 1960, alleged two causes of action. The first, relying specifically upon the Jones Act, 46 U.S.C.A. § 688, asserted...

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