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SMITH v. EASTERN SEABOARD PILE DRIVING, INC.

No. 806, Docket 78-7531.

604 F.2d 789 (1979)

Evelyn G. SMITH, Administratrix of the Estate of Earl Roy Smith, Deceased, Plaintiff-Appellant, v. EASTERN SEABOARD PILE DRIVING, INC. and R. W. Denny & Buckley & Co., T/A Denny & Buckley, a joint venture, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 15, 1979.

Attorney(s) appearing for the Case

Edward M. Katz, New York City (Phillips & Cappiello, New York City, Adler, Barish, Daniels, Levin & Creskoff, Milton M. Borowsky, Philadelphia, Pa., of counsel), for plaintiff-appellant.

Peter M. Pryor, New York City (Burlingham Underwood & Lord, William M. Kimball, New York City, of counsel), for defendant-appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and CARTER, District Judge.

ROBERT L. CARTER, District Judge:

This case arose out of the untimely death of Earl Roy Smith, who drowned while scuba diving to inspect a damaged dredge. Evelyn G. Smith, the decedent's wife and administratrix of his estate, filed an action seeking damages from her husband's employer. The employer, Eastern Seaboard Pile Driving, Inc. ("Eastern") prevailed when the District Court held that the plaintiff could not maintain an action under the Longshoremen's and Harbor...

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