Baker

Suit was commenced by plaintiff in the State Court against the Moore-McCormack Lines for damages under the Jones Act, 46 U.S.C.A. § 688 , and for wages and maintenance.

The complaint. alleged that plaintiff was a member of the crew of the S. S. Malcolm M. Stewart and was injured by the carelessness and negligence of defendant in failing to provide plaintiff with a safe place to work and in carelessly and negligently permitting mechanical appliances on the boiler to be improperly adjusted, and that the boilers were working improperly and in an unseaworthy manner.

The defendant, Moore-McCormack Lines, Inc., filed its petition for removal to this Court, setting forth diversity of citizenship and the proper jurisdictional amount, and further alleging that the vessel was owned, managed, operated and navigated by the United States of America by and through the Administrator, War Shipping Administration; that the defendant had a service agreement with the United States of America which was entered into as of October 19, 1941, whereunder it procured the master and members of the crew for the United States, and that the master and members of the crew were employees of the United States…