McLAUGHLIN, Circuit Judge.
In this personal injury admiralty action libellant filed a pretrial memorandum stating that he was relying upon the condition of a winch to prove his cause of action. The judge's pretrial report noted that. Sometime later the suit went to trial. Libellant's attorney included in his opening the fact that the loading had been handled improperly as an important element of his proof of unseaworthiness. The impleaded stevedore employer objected...
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