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RIVERA v. MOORE-McCORMACK LINES, INC.

238 F.Supp. 233 (1965)

Juan RIVERA, Plaintiff, v. MOORE-McCORMACK LINES, INC., Defendant.

United States District Court S. D. New York.

February 10, 1965.

Attorney(s) appearing for the Case

Robert D. Gould, New York City, for plaintiff; Levy, Levy & Ruback, New York City, Sydney Basil Levy, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendant; Joseph M. Cunningham, New York City, and Robert C. Mirone, New York City, of counsel.

METZNER, District Judge.

This is a Jones Act suit brought by plaintiff Rivera. Defendant has asserted as a counterclaim a judgment for $80,000 which it obtained against Rivera in a prior litigation.

In that action a seaman sued the defendant for injuries sustained on its vessel in an altercation with Rivera. Defendant instituted a third party action against Rivera for breach of his implied agreement to perform his duties in a proper and workmanlike manner...

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