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GAUSSEN v. UNITED FRUIT COMPANY

No. 65 Civ. 1531.

317 F.Supp. 813 (1970)

Clarence GAUSSEN, Plaintiff, v. UNITED FRUIT COMPANY, Defendant.

United States District Court, S. D. New York.

May 4, 1970.

Attorney(s) appearing for the Case

Kenneth Heller, New York City, for plaintiff.

Kenneth C. Butterfield, New York City, for defendant; Joseph R. Kelley, Jr., New York City, of counsel.

McLEAN, District Judge.

This is a seaman's action. Plaintiff obtained a jury verdict in his favor. Judge Tyler refused to set it aside, but he stated that defendant's evidence was "overwhelmingly convincing." In May 1969 the Court of Appeals reversed the judgment because of certain rulings on the admission of evidence and ordered a new trial. Gaussen v. United Fruit Company, 412 F.2d 72 (2d Cir.1969). It awarded costs of the appeal...

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