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CALO v. OCEAN SHIPS, INC.

No. 1570, Docket 94-7915.

57 F.3d 159 (1995)

Jose CALO, Plaintiff-Appellee, v. OCEAN SHIPS, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 6, 1995.

Attorney(s) appearing for the Case

Thomas H. Healey, New York City (Mark Healey, of counsel), for appellant.

Mario Biaggi, Jr., New York City, for appellee.

Before: ALTIMARI, JACOBS, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Background

Jose Calo was a crewmember aboard the M/V Gus W. Darnell, which was at sea in the Persian Gulf. On May 28, 1988, the first assistant engineer assigned Calo the unenviable task of removing oil sludge from a water tank in the ship's engine room. According to Calo, when he went below deck he found a grease-slickened pool of water, approximately five inches deep, on the floor surrounding the tank. He also noticed that the...

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