Richard H. Clinton v. Joshua Hendy Corporation

Appellant sought relief in the form of maintenance and cure under the general maritime law, and interest on a prior-award of maintenance and cure. The district court thus had jurisdiction under 28 U.S.C. § 1333 . This court has jurisdiction on appeal. 28 U.S.C. § 1291 .

In 1954 appellant suffered a leg injury while employed by defendant-appellee as a seaman. In an action in the United States District Court for the Southern District of California, Central Division (No. 19061-WM), appellant recovered $232 plus costs against appellee, for an injury to his right leg on September 18, 1954, and maintenance and cure from September 20,1954, to October 19, 1954, a period of twenty-nine days. That judgment was affirmed by this court. Clinton v. Joshua Hendy Corp., 9 Cir., 1959, 264 F.2d 329 . In the decision rendered by this court appellant’s claim for interest in the amount of $51.20 was denied. Id., at page 334. Appellant in the instant action seeks again to recover the interest which this court previously refused to grant him. Obviously, appellant cannot be successful in this endeavor, since the principles of res judicata and rule of the case are clearly applicable.

Appellant also…