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McMILLAN v. MARINE SULPHUR SHIPPING CORP.

No. 11, Docket 79-7054.

607 F.2d 1034 (1979)

Annie McMILLAN, as Personal Representative of the Estate of Edgar McMillan, Deceased, and on behalf of herself, Individually, Plaintiff-Appellee, v. MARINE SULPHUR SHIPPING CORP., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 9, 1979.

Attorney(s) appearing for the Case

Terence F. Gilheany, New York City (Cadwalader, Wickersham & Taft, New York City, John A. Sullivan, Peter G. Bergmann, and Carter B. Simpson, New York City, of counsel), for defendant-appellant.

Richard H. Abelson, New York City (Semel, Patrusky & Buchsbaum, New York City, Alan H. Buchsbaum, and Alan M. Getzoff, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, FRIENDLY and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

Plaintiff Annie McMillan, as personal representative of the estate of Edgar McMillan and in her own behalf, brought this wrongful death action under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 905(b), against defendant Marine Sulphur Shipping Corp. (Marine) in the District Court for the Southern District of New York. Section 905(b) allows an injured harbor-worker to sue a ship for negligence, subject to...

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