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VARGAS v. McNAMARA

Nos. 79-1216 to 79-1220.

608 F.2d 15 (1979)

Harold VARGAS, Plaintiff, Appellant, v. Robert C. McNAMARA, III, et al., Defendants, Appellees, v. SIDMAR ENTERPRISES, INC., Third-Party Defendant, Appellee. Columbus BAKER, Plaintiff, Appellant, v. ROBERT C. McNAMARA, III, Defendant, Appellee, v. CAPE COD MARINE SERVICES, INC., et al., Third-Party Defendants, Appellees. Columbus BAKER, Plaintiff, Appellant, v. CAPE COD MARINE SERVICES, INC., Defendant, Third-Party Plaintiff, Appellee, v. SIDMAR ENTERPRISES, INC., Third-Party Defendant, Appellee. Columbus BAKER et al., Plaintiffs, Appellees, v. Robert C. McNAMARA, III, and Cape Cod Marine Services, Inc., Defendants, Appellants. Columbus BAKER et al., Plaintiffs, Appellees, v. Robert C. McNAMARA, III, et al., Defendants, Appellees. Sidmar Enterprises, Inc., Third-Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 1979.

Attorney(s) appearing for the Case

Harvey M. Forman, Boston, Mass., with whom Forman, Cohen & Forman, Boston, Mass., was on brief, for Harold Vargas and Columbus Baker.

Lawrence B. Wernick, Boston, Mass., with whom Thomas D. Burns and Burns & Levinson, Boston, Mass., were on brief, for Cape Cod Marine Services, Inc.

Carroll E. Ayers, Wakefield, Mass., with whom Curley, Ayers & Curley and John E. Sutherland, Wakefield, Mass., were on brief for Robert C. McNamara, III.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs appeal from the district court's granting of defendants' motions for directed verdict in this personal injury action.

From the evidence viewed in the light most favorable to plaintiffs, the following could be found. Plaintiffs Vargas and Baker were seamen employed by defendant McNamara1 in contemplation of an upcoming fishing trip. Preliminary to the trip, they were to perform certain...

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