
    Francisco Martinez, Respondent-Appellant, v. Marine Transport Lines, Inc., Appellant-Respondent. 
    Supreme Court, Appellate Term, First Department,
    March 1, 1948.
    
      Louis R. Harolds and William L. Standard for respondent-appellant,
    
      Matthew L. Danahar and Vernon S. Jones for appellant-respondent.
   Per Curiam.

The defendant, general agent of the United States, was not liable to plaintiff either for unearned wages or maintenance and cure (Shilman v. United States of America, 164 F. 2d 649). Comity requires this court to follow the Circuit Court decision.

The judgment should he reversed, with $20 costs, and judgment directed for defendant, with costs.

Hammer, Eder and Hecht, JJ., concur.

Judgment reversed, etc.  