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FLEMING v. AMERICAN EXPORT ISBRANDTSEN LINES, INC.

Nos. 177-178, Dockets 34768, 34805.

451 F.2d 1329 (1971)

Jesse D. FLEMING, Appellant and Cross-Appellee, v. AMERICAN EXPORT ISBRANDTSEN LINES, INC., Appellee and Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 19, 1971.

Attorney(s) appearing for the Case

Alan H. Buchsbaum, New York City (Semel, Patrusky & Buchsbaum, New York City, on the brief), for appellant-cross-appellee.

James M. Estabrook, New York City (Lennard K. Rambusch, Haight, Gardner, Poor & Havens, New York City, on the brief), for appellee-cross-appellant.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

HAYS, Circuit Judge:

Plaintiff, a seaman, brought this suit for damages for personal injuries on the grounds of the unseaworthiness of defendant's vessel and of defendant's liability for negligence under the Jones Act, 46 U.S.C. § 688 (1970). Separate trials on the issues of liability and damages were had pursuant to Rule 42(b) of the Federal Rules of Civil Procedure. After plaintiff had presented his evidence, defendant moved to dismiss the complaint and for...

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