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JEWELL v. OHIO RIVER COMPANY

No. 18824.

431 F.2d 691 (1970)

Pearlie F. JEWELL, Petitioner, v. OHIO RIVER COMPANY, Respondent, The Honorable Gerald J. Weber, Judge of the United States District Court for the Western District of Pennsylvania, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided August 21, 1970.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for petitioner.

Anthony J. Polito, Rose, Schmidt & Dixon, Pittsburgh, Pa., for respondent.

Before WINTER, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In a petition for mandamus, plaintiff-petitioner seeks an order directing the district court to grant him a jury trial on an admiralty claim for maintenance and cure joined with a Jones Act (46 U.S.C. § 688 (1964)) claim for consequential damages and counsel fees for negligent refusal to furnish maintenance and cure. Mandamus is appropriate to require a district court to grant petitioner a jury trial. Dairy...

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