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RUSSELL v. CITY ICE & FUEL CO. OF POINT PLEASANT

No. 74-1519.

539 F.2d 1318 (1976)

Fred RUSSELL, Plaintiff, Interstate Towing Company, a corporation, Defendant-Appellant, v. CITY ICE AND FUEL COMPANY OF POINT PLEASANT, a corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1976.

Attorney(s) appearing for the Case

George S. Sharp, Charleston, W. Va., for appellant.

Charles E. Hurt, Charleston, W. Va., on brief for appellee City Ice and Fuel Co. of Point Pleasant.

Rudolph L. Di Trapano (William J. Curry, Di Trapano, Mitchell, Lawson & Field, Charleston, W. Va., on brief), for appellee Fred Russell.

Before HAYNSWORTH, Chief Judge, WINTER and CRAVEN, Circuit Judges.

HAYNSWORTH, Chief Judge:

The plaintiff, a member of the crew of the tug Inca, fell while carrying a load of supplies for the Inca across a "fuel flat" to which the Inca was moored. He sued Interstate Towing Company, the owner of the Inca, on theories of unseaworthiness of the Inca and of Jones Act negligence of his employer. The complaint also named City Ice and Fuel Company, the owner of the fuel flat, on a negligence claim.

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