FITZGERALD, PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK,
v.
UNITED STATES LINES CO.

U.S. | 1962-12-10
No. 463
371 U.S. 932 Supreme Court of the United States (1962) Positive Treatment
Cited by 7 cases

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  • Fitzgerald v. United States Lines Co., 374 U.S. 16 (U.S. 1963)
    …required, and three maintaining that a seaman is entitled, as oí right, to a jury trial of a maintenance and cure claim joined with a Jones Act claim. 306 F. 2d 461. The lower courts are at odds on this issue.2 We granted certiorari tó decide it.3 371 U. S. 932. [*18] For years it has been a common, although not uniform,4 practice of District Courts to grant jury trials to plaintiffs who join in one complaint their Jones Act, unseaworthiness, and maintenance and cure claims when all the claims, as here, gr…
  • Covey OIL Co. v. Cont'l OIL Co. & Texaco, Inc., 340 F.2d 993 (10th Cir. 1965)
    …, 659. . See 4 Moore, Federal Practice 1288-1289 (2d. ed.). . United States v. Lever Bros. Co., S.D.N.Y., 193 F.Supp. 254, 257-258, appeal dismissed 371 U.S. 207, 83 S.Ct. 207, 9 L.Ed.2d 269, motion for leave to file petition for certiorari denied 371 U.S. 932, 83 S.Ct. 310, 9 L.Ed.2d 272. . In H.R.Rep. No. 1422, 81st Cong., 1st Sess. 5-6, quoted in Sun Oil decision, 371 U.S. 505, 519, 83 S.Ct. 358, 366, it is said that: “In any competitive economy we cannot avoid injury to some of the competitors.” . 3…
  • …n widely litigated issues. At times full disclosure is ordered (United States v. Lever Bros. [*587] Co., 193 F.Supp. 254 (S.D.N.Y.1961), appeal dismissed, 371 U.S. 207, 83 S.Ct. 304, 9 L.Ed.2d 269, motion for leave to file petition for cert. denied, 371 U.S. 932, 83 S.Ct. 310, 9 L.Ed.2d 272 (1962); United States v. Aluminum Co. of America, 193 F.Supp. 249 (N.D.N.Y.1960), rev'd on other grounds, 377 U.S. 271, 84 S.Ct. 1283, 12 L.Ed.2d 314 (1964); United States v. American Optical Co., 39 F.R.D. 580 (N.D.Cal.…

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