HARBIN v. INTERLAKE STEAMSHIP CO.

No. 76-1568.

570 F.2d 99 (1978)

Alvin E. HARBIN, Plaintiff-Appellee, v. The INTERLAKE STEAMSHIP COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 27, 1978.


Attorney(s) appearing for the Case

David G. Davies, David B. Hopkins, Arter & Hadden, Cleveland, Ohio, for defendant-appellant.

Lawrence E. Stewart, Stewart & Dechant Co., L. P. A., Cleveland, Ohio, for plaintiff-appellee.

Before WEICK and CELEBREZZE, Circuit Judges, and GRAY, District Judge.


WEICK, Circuit Judge.

The plaintiff, Alvin E. Harbin (Harbin), a seaman, sued his employer, Interlake Steamship Company (Interlake), in the District Court, for damages in tort and for maintenance and cure under the Jones Act, 46 U.S.C. § 688, and the general maritime law. Jurisdiction was also invoked by reason of diversity of citizenship, 28 U.S.C. § 1332.

The tort was an alleged assault and battery committed upon plaintiff by another crewman, Alvin...

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