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CLAUSON v. SMITH

No. 86-2019.

823 F.2d 660 (1987)

Charles CLAUSON, Plaintiff, Appellant, v. Robert D. SMITH, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 7, 1987.

As Amended July 17, 1987.

Attorney(s) appearing for the Case

David B. Kaplan, with whom Thomas M. Bond, Chelsea, Mass., Paul V. Gallogly and Lovett, Schefrin & Gallogly, Providence, R.I., were on brief, for plaintiff, appellant.

Steven E. Snow with whom George Cameron Nixon, Erica M. Eisinger and Tillinghast, Collins & Graham, Providence, R.I., were on brief, for defendant, appellee.

Before COFFIN, DAVIS and SELYA, Circuit Judges.

SELYA, Circuit Judge.

Before the birth of Christ, the elegist Sextus Propertius had told all of Rome — or that part of Rome which was prone to listen — that "the seaman's story is [one] of tempest." This appeal comprises yet another proof of that enduring wisdom.

I

Charles Clauson, plaintiff-appellant, was severely injured on June 9, 1980 while working aboard the F/V David D. The vessel was captained by its owner, Robert D. Smith, defendant...

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