NORMILE v. MARITIME CO. OF THE PHILIPPINES

No. 79-7222.

643 F.2d 1380 (1981)

Wayne A. NORMILE, Petitioner-Appellant, v. MARITIME COMPANY OF THE PHILIPPINES, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1981.


Attorney(s) appearing for the Case

Arthur W. Lazear, Hoffman & Associates, Oakland, Cal., for petitioner-appellant.

Frederick W. Wentker, Jr., San Francisco, Cal., for respondent-appellee.

Before FLETCHER and FERGUSON, Circuit Judges, and GRANT, District Judge.


FERGUSON, Circuit Judge:

Plaintiff was injured while working as a federally employed longshoreman unloading defendant's ship. Although entitled to receive workman's compensation as a federal employee, he instituted suit against defendant, inter alia, on the ground that its vessel was not in seaworthy condition.

Defendant moved to bar plaintiff from trying the issue of unseaworthiness, asserting that longshoremen have no right to maintain that cause...

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