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GREGOVICH v. COSMOPOLITAN SHIPPING CO.

June 28, 1949

GREGOVICH
v.
COSMOPOLITAN SHIPPING CO., Inc.



The opinion of the court was delivered by: BYERS

Seaman's action for wages claimed to have been unlawfully withheld when he left the S.S. William Lyon Phelps on July 8, 1948, at Le Havre, France; together with penalty wages, extra wages and transportation charges to this country. The defense is that the libellant deserted his ship on that date and at that place.

The issue inevitably turns upon the effect to be given to a letter bearing the signature of the Master which is as follows:

 'Cosmopolitan Shipping Company

 'Incorporated

 'Steamship Agents and Managers

 '42 Broadway, New York 4, N.Y.

 'Telephone Digby 4-6363

 'S.S. William Lyon Phelps 'Port Le Harve France 'Date July 8, 1948

 'U.S. Consul General

 'American Embassy

 'Paris, France

 'Dear Sir:

 'This will introduce Mr. Ollie D. Gregovich Purser aboard this vessel. Today July 8, 1948 an attack was made upon Mr. Gregovich by two men, Edward W. Bogden Deck Maint. & John E. Gillson 3rd Mate, of which I did not witness myself.

 'All of the above occurred (sic) while the ship was moored to the coal dock in Le Harve. Copies of just how and other circumstances relating to the attack have been mailed into the United States Shipping ...


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