Richard H. Clinton v. Joshua Hendy Corporation, and Pacific Far East Line, Inc., a Corporation

Good Law
264 F.2d 329·1961 A.M.C. 733·1959 U.S. App. LEXIS 5125
United States Court of Appeals for the Ninth CircuitMarch 6, 195916145_1California1,677 words

Opinion

Opinion

Barnes, J.

Appellant, an American seaman, appears in propria persona, appealing from a partially adverse judgment rendered by the district court below, wherein appellant was awarded a $232.00 maintenance judgment for a twenty-nine day disability arising from injuries incurred by appellant on September 18, 1954, while employed by defendant Joshua Hendy Corporation on the S. S. Marine Arrow.

A substantial portion of this present appeal is devoted to issues raised and questions determined by a previous appeal and subsequent decision of this Court. We refer to Clinton v. International Organization of Masters, Mates & Pilots of America, Inc., (decided March 24, 1958) 9 Cir., 1958, 254 F.2d 370 (rehearing denied). Reference is hereby made to said opinion in full. It was an appeal from a dismissal below of Clinton’s first, second, third and eighth causes of action. The ninth cause of action, against the State of California, was appealed, but that appeal was dismissed on March -26, 1956.

Other preliminary matters must be disposed of before we reach the merits. They are, seriatim :

I

On September 9, 1958, appellant filed a First Amended Appellant’s Brief, to which was attached a Second Amended…

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