TARABOCCHIA v. JOHN W. McGRATH CORPORATION

No. 66 Civ. 3039.

270 F.Supp. 605 (1966)

Mario TARABOCCHIA, Plaintiff, v. JOHN W. McGRATH CORPORATION and John McLellan and Michael J. Collura, Deputy Commissioners for the 2nd Compensation District, U. S. Department of Labor, Bureau of Employees' Compensation, Defendants.

United States District Court S. D. New York.

December 20, 1966.


Attorney(s) appearing for the Case

Kenneth Heller, New York City, for plaintiff.

Jacques Smit, New York City, for defendant John W. McGrath Corp.

Robert M. Morgenthau, U. S. Atty. Southern District of New York, Louis E. Greco, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, for defendant Deputy Commissioners, Charles Donahue, Solicitor of Labor, Alfred H. Myers and Neil R. Peterson, Attys., U. S. Dept. of Labor, and Louis E. Greco, New York City, of counsel.


PALMIERI, District Judge.

These are cross-motions for summary judgment which raise the much litigated issue as to whether the injury in question was one "occurring upon the navigable waters of the United States" within the purview of the Longshoremen's and Harbor Workers' Compensation Act of March 4, 1927, as amended, 33 U.S.C. § 901 et seq. (the Act). Following the accident, the plaintiff received workmen's compensation benefits from New York State. Thereafter...

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