BYBERG v. STANDARD OIL COMPANY OF NEW JERSEY, 223 F.2d 412 (2nd Cir. 1955)

Harold J. BYBERG, Libelant-Appellant, v. STANDARD OIL COMPANY OF NEW JERSEY, Respondent-Appellee. Guillermo H. REYES, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee.

Nos. 303, 282. Dockets 23428, 23377.United States Court of Appeals, Second Circuit.Argued May 4, 5, and May 6, 1955.
Decided May 24, 1955.

Nathan Baker, Hoboken, N.J. (Baker, Garber Chazen, Hoboken, N.J., of counsel, Bernard Chazen, Hoboken, N.J., on the brief), proctor for libelant-appellant Harold J. Byberg.

Kirlin, Campbell Keating, New York City (Walter X. Connor and Vernon Sims Jones, New York City, Advocates), proctors for respondent-appellee Standard Oil Co. of New Jersey.

Murray A. Miller, New York City, for libelant-appellant Guillermo H. Reyes.

Hanrahan Brennan, New York City (Michael E. Hanrahan, New York City, of counsel, (for respondent-appellee United States of America.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and DIMOCK, District Judge.

PER CURIAM.

Each of these cases involves the validity of a release signed by a seaman, and in each the trial judge, by the application of proper standards, Garrett v. Moore-McCormack Co., 1942, 317 U.S. 239, 63 S.Ct. 246, 87 L.Ed. 239, appraised the proofs before him and found as a fact that the release was voluntarily executed by the seaman, with full knowledge of his rights, and for a reasonable consideration. These findings are amply supported by the record in each case, and we shall not disturb them.

Affirmed.

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