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LIBERTY MUTUAL INSURANCE COMPANY v. UNITED STATES

No. 60-C-225.

183 F.Supp. 944 (1960)

LIBERTY MUTUAL INSURANCE COMPANY, as partial assignee and subrogee of Alfonse Marchica, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

May 18, 1960.

Attorney(s) appearing for the Case

Thomas F. Keane, Brooklyn, N. Y., for plaintiff. Alfred E. Lawson, Brooklyn, N. Y., of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. New York, Brooklyn, N. Y., for defendant. Benjamin H. Berman, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, Morris G. Duchin, New York City, of counsel.

BARTELS, District Judge.

Action by plaintiff as assignee and subrogee of Alfonse Marchica, a longshoreman, who was injured on March 18, 1958 aboard defendant's vessel "General Buckner". On November 16, 1959 Marchica accepted compensation under an award pursuant to § 933 of the Longshoremen's and Harbor Workers' Compensation Act.1 Subdivision (b) of § 933 of the said Act reads as follows:

"(b) Acceptance of such compensation...

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