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D'AMICO v. CIA DE NAV. MAR. NETUMAR

No. 731, Docket 81-7809.

677 F.2d 249 (1982)

Louis D'AMICO, Plaintiff-Appellant, v. CIA DE NAV. MAR. NETUMAR, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 22, 1982.

Attorney(s) appearing for the Case

George J. Duffy, Hoboken, N.J. (Baker, Garber, Duffy & Baker, Hoboken, N.J., of counsel), for plaintiff-appellant.

Joseph F. DeMay, Jr., New York City (Victor S. Cichanowicz, and Cichanowicz & Callan, New York City, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Louis D'Amico, a longshoreman, appeals from an order of the United States District Court for the Southern District of New York, Duffy, J., dismissing his personal injury action on the ground that the claim had been assigned to D'Amico's employer pursuant to section 33(b) of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 933(b). We reverse.

On December 19, 1974, D'Amico was injured while working...

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