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POWERS v. BETHLEHEM STEEL CORPORATION

Nos. 72-1197, 72-1198.

477 F.2d 643 (1973)

Donald E. POWERS, Plaintiff, Appellant, v. BETHLEHEM STEEL CORPORATION, Defendant, Appellee, v. McKIE LIGHTER CO., INC., Defendant, Appellee. Donald E. POWERS, Plaintiff, Appellant, v. McKIE LIGHTER CO., INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 9, 1973.

Rehearings Denied May 10, August 23, 1973.

Attorney(s) appearing for the Case

Michael B. Latti, Boston, Mass., with whom Robert S. Wolfe, and Kaplan, Latti & Flannery, Boston, Mass., were on brief, for plaintiff-appellant.

Leo F. Glynn, Boston, Mass., for defendant-appellee, McKie Lighter Co., Inc.

Charles E. Colson, Boston, Mass., with whom Cargill, Masterman & Cahill, Boston, Mass., was on brief, for defendant-appellee, Bethlehem Steel Corp.

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

LEVIN H. CAMPBELL, Circuit Judge.

Appellant Powers, a pile driver employed by McKie Lighter Co., suffered a serious eye injury as he stood on a McKie-owned raft next to Pier 3 of the Bethlehem shipyard in Boston. McKie was under contract with Bethlehem Steel Corporation, the owner of the pier, to repair the pilings underneath. Powers, who received compensation for the injury under the Longshoremen's and Harbor Workers' Compensation Act, 33 U. S.C. § 901 et seq...

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