No. 374, Docket 73-2690.

514 F.2d 750 (1975)

Pedro SALGADO, Appellant, v. M. J. RUDOLPH CORP., Appellee.

United States Court of Appeals, Second Circuit.

Decided March 24, 1975.

Attorney(s) appearing for the Case

Lester E. Fetell, Sergi & Fetell, Brooklyn, N. Y., for appellant.

Joseph Arthur Cohen, Alexander, Ash, Schwartz & Cohen, New York City (Sidney A. Schwartz, New York City, of counsel), for appellee.

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

OAKES, Circuit Judge:

This case involves the question whether appellant, injured on board a floating crane in 1966, can sue his employer, the owner of the crane, for negligence or breach of the warranty of seaworthiness. The appeal is from a judgment of dismissal by the United States District Court for the Eastern District of New York, Leo F. Rayfiel, Judge, sitting without a jury. The sole issue before the court below was...

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