TIMBERS, Chief Judge.
STATEMENT OF FACTS
On September 23, 1966, decedent, an employee of defendant Marine Contracting, Inc. (Marine) was engaged in diving operations on the barge "Choctaw" for defendant Perini Corporation (Perini). The barge was anchored in the navigable waters of the United States in Narragansett Bay, within the territorial waters of the State of Rhode Island. During the course of a dive, decedent was killed.
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