SMITH v. THE MORMACDALE

Nos. 10700, 10701.

198 F.2d 849 (1952)

SMITH v. THE MORMACDALE. GAUL v. THE ROBERT LUCKENBACH.

United States Court of Appeals Third Circuit.

Decided July 17, 1952.

Rehearing Denied September 22, 1952.


Attorney(s) appearing for the Case

Abraham E. Freedman, Philadelphia, Pa., William D. Valente, Freedman, Landy & Lorry, Philadelphia, Pa., for appellants.

Thomas E. Byrne, Jr., Philadelphia, Pa., Mark D. Alspach, Krusen, Evans & Shaw, Philadelphia, Pa., for appellees.

Before McLAUGHLIN and STALEY, Circuit Judges, and BURNS, District Judge.


STALEY, Circuit Judge.

We are asked to decide whether a longshoreman, injured on board ship, may maintain a libel in rem against the ship on the grounds of negligence and unseaworthiness, where respondent vessel is owned by libellant's employer and where the employer has secured the payment of compensation under the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424 et seq., 33 U.S.C.A. § 901 et seq. The two appeals before us present the identical...

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