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MARTINEZ v. SEA LAND SERVICES, INC.

No. 84-1794.

763 F.2d 26 (1985)

Dionisio MARTINEZ and Maria Julia Davila, Plaintiffs, Appellants, v. SEA LAND SERVICES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Harry A. Ezratty, San Juan, P.R., for appellants.

William A. Graffam, San Juan, P.R., with whom David C. Indiano and Jimenez & Fuste, San Juan, P.R., were on brief, for appellee.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Plaintiff, an ordinary seaman on the SS Boston, sued the ship's owners, claiming (insofar as here relevant) that the ship's "unseaworthiness" caused him to injure his back. The defendant moved for summary judgment. For purposes of deciding that motion, the district court, 589 F.Supp. 844, found

While plaintiff was carrying two boxes of soft drinks from the main deck to the slop chest of the ship...

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