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MIGUT v. HYMAN-MICHAELS CO.

Nos. 76-2046, 76-2047.

571 F.2d 352 (1978)

Marion Carl MIGUT and Margaret D. Migut, Plaintiffs, Astrobrillo Compania Naviera, S. A., Defendant-Appellee, Cross-Appellant, v. HYMAN-MICHAELS COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 3, 1978.

Rehearing Denied April 7, 1978.

Attorney(s) appearing for the Case

Donald J. Miller, Helm, Schumann & Miller, Detroit, Mich., for defendant-appellant.

John L. Foster, Foster, Meadows & Ballard, Detroit, Mich., for plaintiffs.

Before PHILLIPS, Chief Judge, LIVELY, Circuit Judge, and NEESE, District Judge.

LIVELY, Circuit Judge.

The question to be decided on this appeal is whether the owner of a vessel or its time charterer is ultimately liable for damages to the estate of a longshoreman who was fatally injured during loading operations. Frankie Lee Migut, age 17, who had worked as a longshoreman for two days, died from injuries received when he fell through a partially uncovered hatch in the 'tween deck of the Steamship Ionic and into the hold below. His estate sued...

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