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JOIA v. JO-JA SERVICE CORP.

No. 85-1753.

817 F.2d 908 (1987)

Francisco JOIA, Plaintiff, Appellee, v. JO-JA SERVICE CORP., Defendant, Appellee. Boat Niagara Falls, Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 1, 1987.

Attorney(s) appearing for the Case

Thomas E. Clinton with whom Clinton & Muzyka, P.C., Boston, Mass., was on brief, for defendant, appellant.

Thomas J. Hunt with whom Law Offices of Thomas J. Hunt, Boston, Mass., was on brief, for Francisco Joia.

Richard B. Kydd with whom Michael F. Kuppens and Kneeland, Kydd & Handy, Boston, Mass., were on brief, for Jo-Ja Service Corp.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and PIERAS, District Judge.

PIERAS, District Judge.

This is a seamen's suit for personal injuries against the employer and a water boat who had a service contract with the employer. Plaintiff, Francisco Joia (hereinafter "Joia") brought two counts against his employer, Boat Niagara Falls, Inc. (hereinafter "Niagara"), the first under the Jones Act, 46 U.S.C. § 688, and the second under the general maritime theory of unseaworthiness. Joia brought one count of common law negligence, a state...

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