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BRITTON v. U.S.S. GREAT LAKES FLEET, INC.

No. 01-3567.

302 F.3d 812 (2002)

Robert N. BRITTON, Appellant, v. U.S.S. GREAT LAKES FLEET, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2002.

Attorney(s) appearing for the Case

Dennis M. O'Bryan, argued, Birmingham, MI, for appellant.

Eileen M. Joyce, argued, Cleveland, OH, for appellee.

Before MORRIS SHEPPARD ARNOLD, HEANEY and MURPHY, Circuit Judges.

HEANEY, Circuit Judge.

In this maritime law case, Robert N. Britton appeals the district court's order to grant summary judgment in favor of U.S.S. Great Lakes Fleet, Inc. ("Great Lakes"). He asks us to consider the following issues: (1) whether his failure to reveal an August 1997 back injury constituted a misrepresentation of his physical condition to Great Lakes, precluding an award of maintenance and cure; (2) whether his testimony regarding the number of available...

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