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LYON v. UNITED STATES

No. 198, Docket 25334.

265 F.2d 219 (1959)

Randolph G. LYON, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee-Appellant, and Project Construction Corp., Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided April 2, 1959.

Attorney(s) appearing for the Case

Jack Steinman, New York City (Harry H. Lipsig, New York City, on the brief), for libelant-appellant.

Walter L. Hopkins, Atty., Admiralty & Shipping Section, Dept. of Justice, New York City (George Cochran Doub, Asst. Atty. Gen., Cornelius W. Wickersham, Jr., U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., Leavenworth Colby, Chief, Admiralty & Shipping Section, Washington, D. C., and Benjamin H. Berman, Atty., Admiralty & Shipping Section, Dept. of Justice, New York City, on the brief), for respondent-appellee-appellant.

Edmund F. Lamb, New York City (Purdy, Lamb & Catoggio, and Arthur V. Lynch, New York City, on the brief), for respondent-impleaded-appellee.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.

PER CURIAM.

The District Court rightly held that the libelant, an employee of the impleaded contractor, was entitled to no warranty of seaworthiness. He was engaged in a type of work not "traditionally done by seamen." United New York and New Jersey Sandy Hook Pilots Ass'n v. Halecki, 79 S.Ct. 517, 519.

To the negligence count maritime, rather than state law, applied. Kermarec v. Compagnie Generale Transatlantique, 79 S.Ct. 406. The District Court found that...

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