Contracts · MBE-tested
THE SAN ANTONIO. O. T. JOHNSON, Appellant, v. SOUTHERN STEAMSHIP CO., Owner and Claimant, Appellee
61 F.2d 623·United States Court of Appeals for the Third Circuit·1932
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Opinion
THE SAN ANTONIO. O. T. JOHNSON, Appellant, v. SOUTHERN STEAMSHIP CO., Owner and Claimant, Appellee.
No. 4853.
Circuit Court of Appeals, Third Circuit.
Aug. 24, 1932.
Iieliearing Denied Dec. 5, 1932.
Mortimer W. H. Cox, of Philadelphia, Pa., for appellant.
Robert G. Erskine and M. Hampton Todd, both of Philadelphia, Pa., for appellee.
Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The testimony in this case has had full and careful consideration by each member of this court and collectively in conference. Since then such proofs have been again studied.
The ease turns on the basic question of fact, whether the libelant was ever employed by the steamship company. This was found against the libelant by the court below, a conclusion in which we concur. The decree below is therefore affirmed.