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SCOPAZ v. S. S. SANTA LUISA

No. 285, Docket 30851.

372 F.2d 403 (1967)

Joseph SCOPAZ and Mile Peros, Appellees, v. S. S. SANTA LUISA and Grace Line, Inc., Appellant.

United States Court of Appeals Second Circuit.

Decided January 30, 1967.

Attorney(s) appearing for the Case

Louis J. Gusmano, New York City (James B. Magnor, Vernon S. Jones, Charles N. Fiddler, Kirlin, Campbell & Keating, New York City, of counsel), for appellant.

Chester A. Hahn, New York City (Sylvia Miller, New York City, of counsel), for appellee, Joseph Scopaz.

Jack Steinman, New York City, for appellee, Mile Peros.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The sole issue presented by this appeal is whether a longshoreman, in the direct employ of a shipowner, may sue the latter for injuries suffered as a result of the ship's unseaworthy condition, or whether § 5 of the Longshoremen's and Harbor Workers' Compensation Act (Longshoremen's Act), 33 U.S.C. § 905, provides a longshoreman with his exclusive remedy.

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