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FLANAGAN v. THE H. F. GILLIGAN

170 F.Supp. 217 (1959)

John P. FLANAGAN, Libelant, v. THE Scow H. F. GILLIGAN, her engines, boilers, apparel and furniture, and New York Trap Rock Corporation and Red Star Towing & Transportation Corporation, Respondents.

United States District Court S. D. New York.

January 30, 1959.

Attorney(s) appearing for the Case

Henry Isaacson, New York City, for libelant.

Foley & Martin, New York City, for respondent, Red Star Towing & Transportation Corp., James S. Reardon, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Respondent Red Star Towing & Transportation Corporation excepts to the count alleged against it in the third amended libel, asserting that it fails to state a claim since it does not allege facts showing that libelant was performing "crew work" in the service of respondent's vessel.

Libelant is a barge captain. He was employed, not by respondent Red Star, but by respondent New York Trap Rock Corporation aboard...

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