SCHELLENGER v. ZUBIK

Civ. A. No. 17010.

170 F.Supp. 92 (1959)

Robert SCHELLENGER, Plaintiff, v. Harry ZUBIK, doing business as Harry Zubik Company and Harry Zubik Towing & Construction Company, a corporation, Defendant.

United States District Court W. D. Pennsylvania.

February 4, 1959.


Attorney(s) appearing for the Case

S. Eldridge Sampliner, Cleveland, Ohio, Harry Alan Sherman, Pittsburgh, Pa., for plaintiff.

Kim Darragh (of Meyer, Darragh, Buckler & McDonnell), Pittsburgh, Pa., for defendant.


GOURLEY, Chief Judge.

In this action in admiralty based on the Jones Act, 46 U.S.C.A. § 688 and the doctrine of unseaworthiness, defendant presents motion for summary judgment posing the following question:

Is a seaman who signs a State Workmen's Compensation agreement and receives payments thereunder, and executes a final receipt, barred from recovery of his rights under the Jones Act and under the doctrine of unseaworthiness?

Upon evaluation...

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