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NICHOLS v. SPRAGUE S. S. CO.

Civ. A. No. 52-463.

119 F.Supp. 443 (1954)

NICHOLS v. SPRAGUE S. S. CO.

United States District Court D. Massachusetts.

February 18, 1954.

Attorney(s) appearing for the Case

Stanley H. Rudman and Schneider, Rielly, Rudman & McArdle, Boston, Mass., for plaintiff.

Thomas H. Walsh, Boston, Mass., for defendant.

WYZANSKI, District Judge.

Defendant, relying on 33 U.S.C.A. § 933(c) as interpreted in Christensen v. United States, 2 Cir., 194 F.2d 978, moves for summary judgment. The ground is that whatever claim the administrator of the late Alexander Virboski, a longshoreman, may have against a third person (Sprague Steamship Company, defendant herein), has been by operation of law assigned to the longshoreman's employer, Metropolitan...

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