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MOTTA v. RESOURCE SHIPPING & ENTERPRISES CO.

No. 76 Civ. 5217 (CHT).

499 F.Supp. 1365 (1980)

Ronald MOTTA, Plaintiff, v. RESOURCE SHIPPING & ENTERPRISES CO., Defendant.

United States District Court, S. D. New York.

October 22, 1980.

Attorney(s) appearing for the Case

Zimmerman & Zimmerman, New York City, for plaintiff; Morris Cizner, New York City, of counsel.

Walker & Corsa, New York City, for defendant; Joseph T. Stearns, New York City, of counsel.

OPINION

TENNEY, District Judge.

This case constitutes yet another episode in the enduring struggle to correctly interpret and apply problematic provisions of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901 et seq. (hereinafter referred to as LHWCA or the Act). The question raised here is whether an insurance company to which a longshoreman's personal injury claim has automatically been assigned because the longshoreman...

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