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BOWEN v. SHAMROCK TOWING CO.

No. 131.

139 F.2d 674 (1943)

BOWEN v. SHAMROCK TOWING CO.

Circuit Court of Appeals, Second Circuit.

December 29, 1943.

Attorney(s) appearing for the Case

George J. Engelman, of New York City, for appellant.

Desmond T. Barry, of New York City, for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This is an action under the Jones Act, 46 U.S.C.A. § 688, brought by a bargee against Shamrock Towing Company, owner of the barge upon which he was employed, to recover damages for personal injuries and maintenance and cure. The defendant's answer interposed as a defense that the plaintiff's exclusive remedy was under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., pursuant to which the defendant had...

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