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WOODRUFF v. UNITED STATES

No. 82-1491.

710 F.2d 128 (1983)

Allen Carlos WOODRUFF, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1983.

Attorney(s) appearing for the Case

C. Arthur Rutter, Jr., Norfolk, Va. (Breit, Rutter & Montagna, Norfolk, Va., on brief), for appellant.

Larry W. Shelton, Asst. U.S. Atty., Norfolk, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and FIELD, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge.

Allen Carlos Woodruff, a longshoreman severely injured after accidentally falling over the side of a docked United States aircraft carrier on which he was working, brought suit in negligence against the United States as shipowner. At the conclusion of a bench trial, the district court entered judgment for the United States. The court reasoned that the risk of injury was not "reasonably foreseeable" by the Navy because the longshoreman...

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