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URSICH v. da ROSA

No. 18409.

328 F.2d 794 (1964)

Frank URSICH, Appellant, v. Manuel D. da ROSA et al., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 7, 1964.

Attorney(s) appearing for the Case

Margolis & McTernan, and Ben Margolis, Los Angeles, Cal., for appellant.

Lillick, Geary, McHose, Roethke & Myers, Gordon K. Wright, and David L. Hayutin, Los Angeles, Cal., for appellee.

Before HAMLIN, BROWNING and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

Appellant was a fisherman employed aboard the appellees' vessel and was injured while so employed. He brought this action under the Jones Act (46 U.S.C. § 688) charging negligence. In a separate count he sought maintenance and cure. The Jones Act count was tried to a jury, which returned a verdict for appellees.

The evidence shows that the appellees' boat, which had returned from a fishing trip, was tied up alongside a dock in...

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