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HUSS v. KING CO., INC.

No. 02-1010.

338 F.3d 647 (2003)

Michael B. HUSS, Plaintiff-Appellant, v. The KING COMPANY, INC.; Lake Michigan Contractors, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 5, 2003.

Attorney(s) appearing for the Case

ARGUED: Joseph Kelly Carley, JAQUES ADMIRALTY LAW FIRM, Detroit, Michigan, for Appellant.

Robert D. Nienhuis, GOLDSTEIN & PRICE, St. Louis, Missouri, Paul D. Galea, FOSTER, MEADOWS & BALLARD, Detroit, Michigan, for Appellees.

ON BRIEF: Joseph Kelly Carley, Judith A. Schornack-Smith (briefed), Joseph Kelly Carley (argued and briefed), JAQUES ADMIRALTY LAW FIRM, Detroit, Michigan, for Plaintiff-Appellant.

Robert D. Nienhuis, GOLDSTEIN & PRICE, St. Louis, Missouri, Paul D. Galea, FOSTER, MEADOWS & BALLARD, Detroit, Michigan, for Appellees.

Joseph Sukup, Gruel, Mills, Nims & Plyman, Grand Rapids, MI, Joseph Sukup, Sukup & Grimm, Grand Rapids, MI, Robert D. Nienhuis (argued and briefed), Goldstein & Price, St. Louis, MO, Paul D. Galea (argued and briefed), Foster, Meadows & Ballard, Detroit, MI, for Defendants-Appellees.

Before MOORE and GIBBONS, Circuit Judges; SCHWARZER, Senior District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

WILLIAM W SCHWARZER, Senior District Judge.

This is an appeal from an adverse judgment after trial in an action brought by Michael Huss for injuries sustained while employed by defendant King Company, Inc. (King). On May 3, 1995, Huss, together with three other King employees, attempted to retrieve a work boat from the yard of codefendant Lake Michigan Contractors (LMC). As the boat was being hoisted by...

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