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KIRSCH v. PLOVIDBA

No. 91-1915.

971 F.2d 1026 (1992)

William KIRSCH, Appellant, v. Prekookeanska PLOVIDBA, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 30, 1992.

Rehearing Denied August 31, 1992.

Attorney(s) appearing for the Case

Charles Sovel (argued), Freedman & Lorry, P.C., Philadelphia, Pa., for appellant.

Richard Q. Whelan (argued), Gary Francis Seitz, Palmer Biezup & Henderson, Philadelphia, Pa., for appellee.

Before: BECKER, NYGAARD, and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a longshoreman's personal injury action that requires us to determine the contours of a shipowner's duty to turn over its ship in a condition that an expert stevedore acting with reasonable care can operate safely. Such a duty is imposed by section 5(b) of the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 905(b), as interpreted in Scindia Steam Navigation Co. v. de los Santos...

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