Zoldan v. Am. Export Isbrandtsen Lines, Inc.

Full title: Eugene J. ZOLDAN, Plaintiff-Appellant, v. AMERICAN EXPORT ISBRANDTSEN…

Court: United States Court of Appeals, Second Circuit

Date published: Oct 15, 1970

432 F.2d 784 (2d Cir. 1970)

Opinion

No. 107, Docket 33449.

Argued October 15, 1970.

Decided October 15, 1970.

Appeal from the United States District Court for the Southern District of New York, John M. Cannella, J., dismissing plaintiff's suit for maintenance and cure benefits.

Charles Sovel, New York City (Abraham E. Freedman, New York City, on the brief), for plaintiff-appellant.

M.E. DeOrchis, New York City (Haight, Gardner, Poor Havens, and Stephen K. Carr, New York City, on the brief), for defendant-appellee.

Before CLARK, Associate Justice,^_ LUMBARD, Chief Judge, and KAUFMAN, Circuit Judge.

_ United States Supreme Court, retired, sitting by designation.

PER CURIAM:

We affirm in open court the judgment of the district court dismissing the plaintiff seaman's claims for maintenance and cure from December 1965 to January 1966 of $320, on the ground that it was barred by a general release signed by the plaintiff on July 20, 1965, for the reasons given in Judge Cannella's opinion, reported at 302 F. Supp. 388.