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ROTH v. McALLISTER BROS., INC.

No. 289, Docket 27983.

316 F.2d 143 (1963)

Esther ROTH, as Administratrix of the Estate of Gustav Roth, deceased, Plaintiff-Appellee, v. McALLISTER BROS., INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 18, 1963.

Attorney(s) appearing for the Case

Vincent A. Catoggio, of Purdy, Lamb & Catoggio, New York City, for defendant-appellant.

Morton J. Heckerling, of Standard, Weisberg & Harolds, New York City (Scheinberg, Wolf, Lapham & DePetris, Riverhead, N. Y., on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and CLARK and MARSHALL, Circuit Judges.

CLARK, Circuit Judge.

Defendant appeals from a judgment awarding plaintiff, as administratrix of the estate of her husband, Gustav Roth, the sum of $6,000, plus interest, or a total of $7,980, due him for maintenance and cure. Roth himself originally brought the action as a seaman, claiming damages for a personal injury under the Jones Act, 46 U.S.C. § 688, and, in a separate count, an award for maintenance and cure. Roth died, and the action was amended to continue...

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