SCHELL v. CHESAPEAKE & OHIO RAILWAY COMPANY

No. 11375.

395 F.2d 676 (1968)

George E. SCHELL, Appellant, v. The CHESAPEAKE & OHIO RAILWAY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 7, 1968.


Attorney(s) appearing for the Case

Edwin Jay Rafal, Norfolk, Va. (Harold Gavaris, and Stant, Moss, Rafal, Stokes & Gavaris, Norfolk, Va., on brief) for appellant.

Edward R. Baird, Norfolk, Va. (Baird, Crenshaw & Ware, Norfolk, Va., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.


WINTER, Circuit Judge:

The district judge, although he decided that the tug GEORGE W. STEVENS had not been temporarily withdrawn from navigation and that plaintiff, a shore-based machinist's helper in the marine mechanical department of the defendant, the owner of the tug, was doing the traditional work of a seaman and could maintain a suit against his employer for negligence or unseaworthiness despite the provisions of the Longshoremen's and Harbor Workers' Compensation...

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