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FITZGERALD v. A. L. BURBANK & CO.

No. 33, Docket 35079.

451 F.2d 670 (1971)

Thomas I. FITZGERALD, Public Administrator of New York County, Administrator of the Estate of William J. Graser, deceased, Plaintiff-Appellant, v. A. L. BURBANK & CO., Ltd. and Tankers and Tramps Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 12, 1971.

Attorney(s) appearing for the Case

Kenneth Heller, New York City, for plaintiff-appellant.

William M. Kimball, New York City (Burlingham, Underwood, Wright, White & Lord, New York City, on the brief), for defendants-appellees.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

ANDERSON, Circuit Judge:

On July 26, 1963 the decedent William J. Graser was hired as a marine engineer by A. L. Burbank & Co., Ltd. (Burbank) in New York City as agent for Tankers and Tramps Corporation, the alleged owner of the SS ATLAS, and he was immediately sent to join the vessel, which was off Bahrain Island in the Persian Gulf. Graser reached the ATLAS late on the evening of July 28th and the next morning he began work "blowing down" the boilers in the...

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