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BRAADT v. CITY OF NEW YORK

No. 62 Civ. 2975.

260 F.Supp. 826 (1966)

Walter E. BRAADT, Plaintiff, v. The CITY OF NEW YORK, Defendant.

United States District Court S. D. New York.

November 23, 1966.

Attorney(s) appearing for the Case

Klein & Hirschberger, New York City, for plaintiff (Walter J. Klein, New York City, of counsel).

J. Lee Rankin, Corp. Counsel, New York City, for defendant (James W. Fay, Asst. Corp. Counsel, New York City, of counsel).

OPINION

MacMAHON, District Judge.

Plaintiff, a sanitation worker injured on a garbage scow, sues his employer, the City of New York, for personal injuries under the Jones Act, for unseaworthiness, and for maintenance and cure. Defendant moves for summary judgment.

Plaintiff's suit is blocked by two principles: waiver and res judicata.

He deliberately availed himself of the machinery of the New York Workmen's Compensation Board, voluntarily...

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