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SMITH v. ISTHMIAN LINES

Civ. 16826.

159 F.Supp. 459 (1957)

Len Allen SMITH, Plaintiff, v. ISTHMIAN LINES, Inc., Defendant.

United States District Court E. D. New York.

April 2, 1957.

Attorney(s) appearing for the Case

Philip F. DiCostanzo, Brooklyn, N. Y., for plaintiff.

Thomas F. Keane, Brooklyn, N. Y., for defendant.

INCH, Chief Judge.

Action by longshoreman against owner of vessel for personal injuries due to its negligence. Defendant moves to dismiss complaint on ground that, because of plaintiff's acceptance of compensation under Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., his rights against defendant have been assigned to his employer and its insurer.

In view of the fact that insurer...

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