Francis J. McQueeney v. Wilmington Trust Company, Trustee, and Anndep Steamship Corporation

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by the owner and operator of a supertanker from a verdict in favor of plaintiff Francis McQueeney, a seaman aboard the vessel, presents three interesting questions in the law of evidence. The first, arising under Fed.R.Evid. 401 and 403, is whether evidence from which it might be inferred that McQueeney has suborned perjury of a proffered witness is admissible as substantive evidence that his claim is unfounded even though, the witness never testified. The second, arising under Fed.R.Evid. 901 et seq., is whether McQueeney’s Sea Service…