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ROPER v. UNITED STATES

No. 7818.

170 F.Supp. 763 (1959)

William J. ROPER, Libellant, v. UNITED STATES of America, Respondent. UNITED STATES of America, Petitioner, v. CONTINENTAL GRAIN COMPANY, Respondent-Impleaded. CONTINENTAL GRAIN COMPANY, Petitioner, v. JOHN W. McGRATH CORPORATION and Arrow Steamship Agency, Incorporated, trading as Atlantic and Gulf Grain Stevedoring Associates, Respondent-Impleaded.

United States District Court E. D. Virginia, Norfolk Division.

February 26, 1959.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va., for libellant.

L. S. Parsons, Jr., U. S. Atty., John M. Hollis, Asst. U. S. Atty., Norfolk, Va., Alan Raywid, Dept. of Justice, Washington, D. C., for United States.

Jack E. Greer, Norfolk, Va., for Continental Grain Co.

Wm. B. Eley, Norfolk, Va., for Atlantic & Gulf Grain Stevedoring Associates.

WALTER E. HOFFMAN, District Judge.

The crucial question in this case is whether the warranty of seaworthiness, extended to a longshoreman working aboard a vessel while loading or unloading cargo under the doctrine enunciated in Seas Shipping Co. v. Sieracki, 328 U.S. 85, 66 S.Ct. 872, 90 L.Ed. 1099, is applicable where the vessel being unloaded is dead and deactivated, but is being used by the Government for surplus grain storage. The...

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