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SESSA v. WEEKS STEVEDORING CO.

56 F.Supp. 50 (1943)

SESSA v. WEEKS STEVEDORING CO., Inc.

District Court, S. D. New York.

June 4, 1943.

Attorney(s) appearing for the Case

Benjamin Green, of New York City (Jacob Rassner, of New York City, of counsel), for plaintiff.

Duncan & Mount, of New York City (Roger Carroll, of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

There has been interposed as a defense that an award was made herein pursuant to Section 933(b) of the Navigation and Navigable Waters Act, being Longshoremen's and Harbor Workers' Compensation Act, § 33, Title 33, Section 933 U.S.C.A., and that plaintiff was paid such award and that the award, therefore, under this Section 933 is a bar to this action.

Section 933(b) provides:

"Acceptance of such compensation under an...

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