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BETHEL v. McALLISTER BROS., INC.

No. 95-1436.

81 F.3d 376 (1996)

John BETHEL v. McALLISTER BROTHERS, INC.; Frank J. Huesser Thomas Bethel, as Administrator of the Estate of John Bethel, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 17, 1996.

Attorney(s) appearing for the Case

Patrick J. O'Connor (argued), Thomas G. Wilkinson, Jr., James E. Brown, Cozen and O'Connor, Philadelphia, PA, for Appellant.

James F. Young (argued), Donna L. Adelsberger, Krusen Evans and Byrne, Philadelphia, PA, for Appellee McAllister Brothers, Inc.

Stephen J. Cabot, Maria L. Petrillo (argued), Brian P. Kirby, John A. Gallagher, Harvey, Pennington, Herting & Renneisen, Ltd., Philadelphia, PA, for Appellee Frank J. Huesser.

Before: GREENBERG, NYGAARD, and LAY, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. THE HISTORY OF THE CASE

This matter is before this court on appeal following proceedings having an unusual procedural history. Appellee, McAllister Brothers, Inc., is a tugboat operator on the Delaware River in the Philadelphia area. McAllister employed John Bethel as a river docking pilot between December 1987 and December 1990, when it discharged him. Thereafter, Bethel brought this action against...

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