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STEWART v. DUTRA CONST. CO., INC.

Nos. 99-1487, 00-1090, 02-1713.

418 F.3d 32 (2005)

Willard STEWART, Plaintiff, Appellant, v. DUTRA CONSTRUCTION COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 9, 2005.

Attorney(s) appearing for the Case

David B. Kaplan, Thomas M. Bond, and The Kaplan/Bond Group on supplemental brief for appellant.

Frederick E. Connelly, Jr., and Peabody & Arnold LLP on supplemental brief for appellee.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

SELYA, Circuit Judge.

This case comes before us on remand from the United States Supreme Court. The question is whether, in light of the Court's decision in Stewart v. Dutra Construction Co., ___ U.S. ___, 125 S.Ct. 1118, 160 L.Ed.2d 932 (2005) (Stewart III), we should rule, as a matter of law, that the plaintiff was a seaman for Jones Act purposes. After studying the Court's decision and the parties' supplemental briefs, we answer this question in the...

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