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COVE TANKERS CORP. v. UNITED SHIP REPAIR, INC.

No. 80 CIV 4196 (LBS).

528 F.Supp. 101 (1981)

COVE TANKERS CORP., Plaintiff, v. UNITED SHIP REPAIR, INC., Defendant.

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

As Amended October 15, 1981.

Attorney(s) appearing for the Case

William M. Kimball, Heidell, Pittoni & Moran, P. C., New York City, for plaintiff.

William J. Burke, Thomas J. Stadnik, Poles, Tublin, Patestides & Stratakis, New York City, for defendant.

OPINION

SAND, District Judge.

Defendant's motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) presents a question of first impression, namely whether injury and death occurring on the Atlantic Ocean 135 miles off the coast of the United States, meet the situs requirement of section 3 of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 903(a) (hereinafter "LHWCA"), which limits coverage to "injury occurring upon the...

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