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RICE v. ATLANTIC GULF & PACIFIC CO.

No. 8, Docket 73-1151.

484 F.2d 1318 (1973)

Whitford A. RICE, Plaintiff-Appellant, v. ATLANTIC GULF & PACIFIC CO., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 9, 1973.

Attorney(s) appearing for the Case

Lester E. Fetell, Brooklyn, N.Y. (Sergi & Fetell, Brooklyn, N. Y., of counsel), for plaintiff-appellant.

Roger P. McTiernan, New York City (Barry, McTiernan, Treanor & Moore, New York City, of counsel), for defendant-appellee.

Before KAUFMAN, Chief Judge, and MOORE and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

In this action by a seaman, Whitford A. Rice, against a dredge owner, Atlantic Gulf & Pacific Co. ("Atlantic"), for personal injuries allegedly caused by defendant's negligence and by unseaworthiness of the dredge, the jury, without making any finding on the issue of unseaworthiness, found that the accident was caused by Atlantic's negligence and awarded Rice $75,000. Thereafter defendant's motion for judgment n.o.v. was granted by Judge...

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