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MIETLA v. WARNER COMPANY

Civ. A. No. 73-1046.

387 F.Supp. 937 (1975)

Walter MIETLA v. WARNER COMPANY.

United States District Court, E. D. Pennsylvania.

January 22, 1975.

Attorney(s) appearing for the Case

Alan B. Epstein, Freedman, Borowsky & Lorry, Philadelphia, Pa., for plaintiff.

John T. Biezup, Rawle & Henderson, Philadelphia, Pa., for defendant.

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

Plaintiff, employed by defendant as a "barge attendant," brought this action under the Jones Act, 46 U.S.C. § 688 et seq., to recover for injuries suffered in the course of employment. Defendant has moved for summary judgment, claiming that plaintiff was not a "seaman" within the meaning of the Jones Act at the time of his accident. We shall deny the motion.

The Jones Act provides that "any seaman...

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