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WAXLER v. WAXLER TOWING CO.

No. 15813.

342 F.2d 746 (1965)

Gladys WAXLER, Administratrix of the Estate of Homer Louis Waxler, Deceased, Plaintiff-Appellant, v. WAXLER TOWING CO., Inc., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 29, 1965.

Attorney(s) appearing for the Case

Harvey Goldstein, New York City (Shepherd, Heiskell, Williams, Wall & Kirsch, Memphis, Tenn., S. Eldridge Sampliner, Cleveland, Ohio, on the brief; Goldstein & Sterenfeld, New York City, of counsel), for appellant.

Edward W. Kuhn, Memphis, Tenn., (Henry T. V. Miller, Memphis, Tenn., on the brief; McDonald, Kuhn, McDonald, Crenshaw & Smith, Memphis, Tenn., of counsel), for appellee.

Before CECIL and EDWARDS, Circuit Judges, and WEINMAN, District Judge.

EDWARDS, Circuit Judge.

In this appeal plaintiff-appellant, mother and administratrix of the estate of Homer Waxler, deceased, appeals from an adverse jury verdict. Suit had been brought under the Jones Act, 46 U.S.C. § 688, alleging that decedent's death was due to the negligence of defendant, Waxler Towing Company.1

It is undisputed that decedent was drowned when he fell or was...

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