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EVANS v. BLIDBERG ROTHCHILD COMPANY

Nos. 10087, 10088.

382 F.2d 637 (1967)

Edward L. EVANS, Appellee, v. BLIDBERG ROTHCHILD COMPANY, Incorporated, Appellant. Edward L. EVANS, Appellant, v. BLIDBERG ROTHCHILD COMPANY, Incorporated, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 15, 1967.

Attorney(s) appearing for the Case

Gerald Rubinger, Norfolk, Va. (C. Arthur Rutter, Jr., and Amato, Babalas, Breit, Cohen, Rutter & Friedman, Norfolk, Va., on brief), for Edward L. Evans.

R. Arthur Jett, Jr., Norfolk, Va. (Jett, Sykes & Berkley, Norfolk, Va., on brief), for Blidberg Rothchild Co., Inc.

Before BOREMAN and BRYAN, Circuit Judges, and MAXWELL, District Judge.

BOREMAN, Circuit Judge:

Edward Evans, a seaman, recovered a judgment in the United States District Court for the Eastern District of Virginia against the shipowner, Blidberg Rothchild Company, for maintenance in the amount of $568.00. The shipowner appeals on the grounds that Evans knew of his illness prior to signing on for duty and willfully concealed it from the ship's doctor and officers. Evans appeals from the court's refusal to award him attorney's fees. We...

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