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LASH v. BALLARD CONST. CO.

No. C88-771M.

707 F.Supp. 461 (1989)

Thomas F. LASH, Plaintiff, v. BALLARD CONSTRUCTION CO., a corporation; and Tri-State Construction, Inc., a corporation, Defendants.

United States District Court, W.D. Washington, at Seattle.

January 23, 1989.

Attorney(s) appearing for the Case

Shannon Stafford, Stafford, Frey & Mertel, Seattle, Wash., for plaintiff.

David Tewell, Tewell, Thorpe & Findlay, Inc., Michael A. Barcott, Faulkner, Banfield, Doogan & Holmes, Seattle, Wash., for Ballard Const. Co.

David L. Ashbaugh, Stanislaw, Ashbaugh, Chism, Jacobson & Riper, Seattle, Wash., for Tri-State Const., Inc.

ORDER GRANTING DEFENDANT BALLARD'S MOTION FOR SUMMARY JUDGMENT

McGOVERN, District Judge.

ISSUE

The parties agree that the issue before the Court is whether the injury to Plaintiff Thomas Lash, which occurred during the course and scope of his employment, occurred upon a "vessel" within the meaning of 33 U.S.C. § 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA).

FACTUAL BACKGROUND

The following facts are...

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