KALODNER, District Judge.
The issue here is as to whether one Nicholas Rusin, a bargeman employed by the plaintiff, Warner Company, was "a master or member of a crew" within the meaning of the Federal Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424, 33 U.S.C.A. § 901 et seq.
The pertinent provisions of the Act are as follows:
"§ 903. (a) Compensation shall be payable under this chapter in respect of disability or death...
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