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LUPO v. CONSOLIDATED MARINERS, INC.

No. 63 Civil 2638.

261 F.Supp. 450 (1966)

James LUPO, Jr., Plaintiff, v. CONSOLIDATED MARINERS, INC., Shipenter Lines, Inc., Shipping Enterpriser Inc. and Shipping Enterpriser of New York, Inc., Defendants.

United States District Court S. D. New York.

June 14, 1966.

Attorney(s) appearing for the Case

Sheldon Tabak, New York City, for plaintiff.

Dougherty, Ryan, Mahoney & Pellegrino, New York City, for defendants; Robert J. Giuffra, New York City, of counsel.

TENNEY, District Judge.

OPINION

This is a personal injury action arising out of an alleged accident which occurred aboard the "S. S. TADDEI VILLAGE" on August 19, 1963. The complaint alleges negligence under the Jones Act (46 U.S.C. § 688) and the unseaworthiness of the vessel under the General Maritime Law.

The case was tried before the Court as trier of fact and law. At the behest of both parties the first and only issue tried and to be decided...

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