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PRATT v. UNITED STATES

No. 6314.

340 F.2d 174 (1964)

Edward D. PRATT, Jr., Petitioner, Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals First Circuit.

December 28, 1964.

Attorney(s) appearing for the Case

John J. Flaherty, Portland, Me., with whom Berman, Berman, Wernick & Flaherty, Portland, Me., and Katz & Kaplan, Boston, Mass., were on brief, for appellant.

Sidney W. Thaxter, Portland, Me., with whom James R. Flaker and Linnell, Perkins, Thompson, Hinckley & Thaxter, Portland, Me., were on brief, for Ernest J. Flood, appellee.

Morton Hollander, Atty., Dept. of Justice, with whom John W. Douglas, Asst. Atty. Gen., Alton A. Lessard, U. S. Atty., and Pauline B. Heller, Atty., Dept. of Justice, were on brief, for United States of America, appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an appeal from the granting of a summary judgment resulting in dismissal. Pratt, the appellant, received personal injuries on December 19, 1958 while a seaman aboard the F/V Sylvester F. Whalen, hereafter vessel, owned by Sylvester F. Whalen, Inc., hereafter owner. He sued the owner in personam in the state court in March 1959 in separate counts, under the Jones Act, 46 U.S.C. § 688, and because of unseaworthiness of the vessel...

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