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ARMSTRONG v. COMMERCE TANKERS CORP.

No. 555, Docket 33852.

423 F.2d 957 (1970)

Ernest A. ARMSTRONG, Plaintiff-Appellant, v. COMMERCE TANKERS CORP. and Empire Ship Agents & Brokers Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 20, 1970.

Attorney(s) appearing for the Case

John F. X. McKiernan, New York City (Paul C. Matthews and George J. Engelman, New York City, on the brief), for plaintiff-appellant.

Robert S. Blanc, Jr., New York City (Hill, Betts, Yamaoka, Freehill & Longcope and Robert C. Buff, New York City, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and CROAKE, District Judge.

ANDERSON, Circuit Judge.

The plaintiff, Ernest A. Armstrong, newly signed on as a seaman aboard defendant's vessel, SS Thalia, went off duty at 0800 April 20, 1967, while the ship was anchored in Singapore harbor. On invitation he went to the quarters of a shipmate, named Darcy, and sat on a bunk to the right of the open door. In the quarters at the time were Darcy, a white-haired wiper, and a machinist, also crew members. A general conversation ensued. The...

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