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CAPADONA v. THE LAKE ATLIN

No. 12951-C.

101 F.Supp. 851 (1951)

CAPADONA v. THE LAKE ATLIN et al.

United States District Court S. D. California, Central Division.

December 19, 1951.

Attorney(s) appearing for the Case

Herbert Resner, Los Angeles, Cal., proctor for libelant.

Lillick, Geary & McHose and L. Robert Wood, Los Angeles, Cal., proctors for respondent Western Canada S.S. Co., Ltd.

JAMES M. CARTER, District Judge.

This case presents the simple question, — does the case of Seas Shipping Co. v. Sieracki, 1945, 328 U.S. 85, 66 S.Ct. 872, 90 L.Ed. 1099, extend the obligation of seaworthiness to include not only a stevedore injured while working aboard the ship, but also to include a seaman who was injured while engaged in transferring fuel oil from a barge to the ship, while in the employ of the barge owners...

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