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CABALES v. UNITED STATES

No. 621, Docket 33223.

412 F.2d 1187 (1969)

Frisco M. CABALES, Appellant, and the United States of America ex rel. Frisco M. Cabales, Petitioner, v. The UNITED STATES of America, as Owner, Bulk Transport, Inc., General Agent and Frank W. Lawrence, Master, of the SS ALBION VICTORY, Appellees.

United States Court of Appeals Second Circuit.

Decided June 11, 1969.

Attorney(s) appearing for the Case

William E. Fuller, New York City (Fuller, Hopkins, Lawton & Taussig, New York City, on the brief), for appellant.

Peter Martin Klein, New York City (William D. Ruckelshaus, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., Louis E. Greco, Attorney in Charge, New York Office, Admiralty and Shipping Section, Department of Justice, on the brief), for appellees.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM:

Frisco M. Cabales was not on board his ship, the SS Albion Victory, when it departed from Bataan, the Philippines, on November 8, 1967. Accordingly, the master of the vessel, Frank W. Lawrence, logged him as a deserter. Cabales thereafter brought suit against the United States, the owner of the SS Albion Victory, Bulk Transport, Inc., the general agent operating the vessel, and Lawrence, its master (who was not served with process), claiming wages due...

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