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RIVERA v. FARRELL LINES, INC.

No. 346, Docket 72-1202.

474 F.2d 255 (1973)

William RIVERA, Appellant, v. FARRELL LINES, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided February 15, 1973.

Attorney(s) appearing for the Case

Charles Sovel, New York City (Abraham E. Freedman, New York City, on the brief), for appellant.

Robert A. Lilly, New York City (Lilly, Sullivan & Purcell and Steven L. Barkan, New York City, of counsel), for appellee.

Before FRIENDLY, Chief Judge, and OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from an order of the district court denying appellant's post-trial motion for a new trial on the issue of damages or, in the alternative, on all issues. We agree that it was error for the district court to deny the motion and we reverse and remand for a new trial on all issues.

Appellant was employed as a mess man on the S.S. African Sun, an American flag merchant ship owned and operated by appellee. His duties included...

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