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MESSIER v. BOUCHARD TRANSP.

Docket No. 10-5181-cv.

688 F.3d 78 (2012)

Richard MESSIER, Plaintiff-Appellant, v. BOUCHARD TRANSPORTATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2012.

Amended: August 15, 2012.

Attorney(s) appearing for the Case

Dennis M. O'Bryan , O'Bryan Baun Karamanian , Birmingham, MI, for Plaintiff-Appellant.

John J. Walsh , Freehill Hogan & Mahar LLP, New York, NY, for Defendant-Appellee.

Before: HALL, LYNCH, and LOHIER, Circuit Judges.

HALL, Circuit Judge:

Plaintiff-Appellant Richard Messier, a seaman, contracted lymphoma and sued his former employer, Defendant-Appellee Bouchard Transportation Co., Inc. ("Bouchard"), seeking maintenance and cure.1 Undisputed evidence establishes that Messier had lymphoma during his maritime service. But it is also undisputed the disease did not present any symptoms at all until after his service. After concluding Messier's lymphoma...

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