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CAPERS v. COLUMBIA COASTAL TRANSPORT, INC.

No. 2:02-0975-18.

278 F.Supp.2d 713 (2003)

James CAPERS, Plaintiff, v. COLUMBIA COASTAL TRANSPORT, INC., Defendant.

United States District Court, D. South Carolina, Charleston Division.

May 16, 2003.

Attorney(s) appearing for the Case

Edward Paul Gibson, Allison Ann Stover, Riesen Law Offices, N Charleston, SC, for James Capers, plaintiff.

Gordon D Schreck, Buist Moore Smythe and McGee, Charleston, SC, Gino A Zonghetti, Kenny Stearns and Zonghetti, New York, NY, for Columbia Coastal Transport Inc, defendant.

ORDER

NORTON, District Judge.

This matter is before the court on defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

I. Background1

Plaintiff James Capers ("Capers"), a longshoreman employed by Cooper/T. Smith Stevedoring ("Cooper"), was injured when he attempted to disembark onto a dock from the "Columbia New York," an unmanned barge (the "barge") owned...

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