Opinion
No. 4853.
August 24, 1932. Rehearing Denied December 5, 1932.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge.
For opinion of the court below see 1 F. Supp. 221.
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.
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 case 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.