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COLON NUNEZ v. HORN-LINIE

No. 7275.

423 F.2d 952 (1970)

Ismael COLON NUNEZ, Plaintiff, Appellant, v. HORN-LINIE, Defendant, Third-Party Plaintiff, Appellee, v. FRED IMBERT, INC., et al., Third-Party Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 27, 1970.

Attorney(s) appearing for the Case

Harvey B. Nachman, San Juan, P. R., with whom Nachman, Feldstein, Lafitte & Smith, San Juan, P. R., was on brief, for appellant.

A. Santiago Villalonga, San Juan, P. R., with whom Hartzell, Fernandez, Novas & Ydrach, San Juan, P. R., was on brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This appeal raises a difficult issue concerning the construction of Puerto Rico's Workmen's Accident Compensation Act, 11 L.P.R.A. § 1 et seq. More specifically, we must decide whether a shipowner who hires an independent stevedoring contractor is a "third party" within the meaning of 11 L.P.R.A. § 32, and hence liable to suit by an injured longshoreman, or an "employer" who "insures his workmen...

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