SAMMON v. CENTRAL GULF STEAMSHIP CORPORATION

No. 498, Docket 33545.

442 F.2d 1028 (1971)

Eugene J. SAMMON, Plaintiff-Appellant, v. CENTRAL GULF STEAMSHIP CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 26, 1971.


Attorney(s) appearing for the Case

Edward M. Katz, New York City (Abraham E. Freedman, New York City, on the brief), for plaintiff-appellant.

Walter A. Darby, Jr., New York City (Foley, Grainger & Darby, New York City, on the brief), for defendant-appellee.

Before HAYS and FEINBERG, Circuit Judges, and CURTIN, District Judge.


HAYS, Circuit Judge:

In October, 1964 plaintiff was referred for employment aboard defendant's vessel, the S.S. "Green Port." Before he was accepted, plaintiff was required to submit to a presign-on physician examination by the defendant's physician. In the course of this examination, plaintiff reported, in response to a question concerning any earlier accident, injury or illness, that he had had tuberculosis in 1950. He did not, however, reveal that he once received...

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