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MACEDO v. F/V PAUL & MICHELLE

No. 88-1898.

868 F.2d 519 (1989)

Jose MACEDO, Plaintiff, Appellee, v. F/V PAUL & MICHELLE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 28, 1989.

Attorney(s) appearing for the Case

Thomas J. Muzyka with whom Clinton & Muzyka, P.C., Boston, Mass., was on brief, for defendant, appellant.

Linda E. Abrahams with whom Flannery & Ansel, Boston, Mass., was on brief, for plaintiff, appellee.

Before BREYER, ALDRICH and SELYA, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This is an action for maintenance and cure, unique in its facts. Plaintiff, a Banks fisherman, home between trips, was injured on a pleasure jaunt on a Sunday. The court awarded him maintenance for 38 weeks at the rate of $40 a day, or $10,640, and for cure, $5,320, being 20% of his hospital and doctor's bills. Three questions are presented: whether plaintiff was entitled to maintenance and cure at all; whether, if so, he was...

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