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SUISSA v. AMERICAN EXPORT LINES, INC.

No. 346, Docket 74-1601.

507 F.2d 1343 (1974)

Jacob SUISSA, Plaintiff-Appellant, v. AMERICAN EXPORT LINES, INC. (f/k/a American Export Isbrandtsen Lines, Inc.), Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Richard P. Lerner (Lorenz, Finn, Giardino & Lambos, New York City, C. P. Lambos, New York City, of counsel), for defendant-appellee American Export Lines, Inc.

Max Cohen, New York City (Klein, Cohen & Schwartzenberg, New York City, on the brief), for plaintiff-appellant Suissa.

Before KAUFMAN, Chief Judge, and ANDERSON and OAKES, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Whether a maritime worker who has followed the grievance procedures provided by a collective bargaining agreement should, after a disposition of his grievance, be permitted to seek judicial recovery of his claim for wages under 46 U.S.C. § 596 (1970) is the novel question which we are called upon by this case to decide. Jacob Suissa appeals from summary judgment by the United States District Court for the Southern District of New...

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