ROBERTS v. ARGENTINA

No. 332, Docket 29499.

359 F.2d 430 (1966)

Aloysius ROBERTS, Libellant-Appellant-Appellee, v. S.S. ARGENTINA and Moore-McCormack Lines, Inc., Respondents-Appellees-Appellants.

United States Court of Appeals Second Circuit.

Decided April 26, 1966.


Attorney(s) appearing for the Case

William M. Kimball, New York City (Burlingham, Underwood, Barron, Wright & White, New York City, on the brief), for respondents-appellees-appellants.

Sidney Zwerling, New York City (Zwerling & Zwerling, New York City, on the brief), for libellant-appellant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.


PER CURIAM:

Libellant commenced this action for maintenance and cure. The case came on before Judge Croake in the Southern District of New York who decided it on the basis of an agreed statement of facts. The libellant was awarded $320, but his claim for counsel fees was denied. Both parties have appealed. The libellant claims that he is entitled to counsel fees within the rule of Vaughan v. Atkinson, 369 U.S. 527, 82 S.Ct. 997, 8 L...

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