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GOMES v. EASTERN GAS AND FUEL ASSOCIATES

Civ. No. 53-1004.

127 F.Supp. 435 (1954)

Antonio GOMES v. EASTERN GAS AND FUEL ASSOCIATES.

United States District Court, D. Massachusetts.

December 23, 1954.

Attorney(s) appearing for the Case

Nathan Greenberg, Boston, Mass., for plaintiff.

Seymour P. Edgerton, Bingham Dana & Gould, Boston, Mass., for defendant.

ALDRICH, District Judge.

This is a suit for maintenance and cure in which the shipowner, hereinafter called the defendant, has moved for summary judgment. The ground of this motion is that the plaintiff has released the third party who alone caused him the injury. This situation was covered in Muise v. Abbott, 1 Cir., 160 F.2d 590, but the defendant invites "reconsideration" of that case in the light of its alleged inconsistency with...

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