CERQUEIRA v. CERQUEIRA

No. 87-1097.

828 F.2d 863 (1987)

Ivo CERQUEIRA and Maria Cerqueira, Plaintiffs, Appellants, v. Antonio CERQUEIRA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 10, 1987.


Attorney(s) appearing for the Case

Michael J. Conley, Wakefield, Mass., for plaintiffs, appellants.

Philip B. Benjamin with whom Bikofsky, Walker and Tuttle, Framingham, Mass., was on brief, for defendant, appellee.

Before BREYER and SELYA, Circuit Judges, and RE, Judge.


BREYER, Circuit Judge.

Ivo Cerqueira and his wife have sued Ivo's brother, Antonio Cerqueira, claiming that Antonio is legally responsible for injuries that Ivo suffered while working on a fishing boat, the F/V KIMBANDA. Ivo's complaint asserted several different legal bases for liability, including the Jones Act (Count I), "unseaworthiness" (Count II), negligence (Count III), and "maintenance and cure" (Counts IV and V). The district court granted summary judgment...

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