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BYRD v. AMERICAN EXPORT ISBRANDTSEN LINES, INC.

Civ. A. No. 68-1117.

300 F.Supp. 1207 (1969)

Archie W. BYRD v. AMERICAN EXPORT ISBRANDTSEN LINES, INC.

United States District Court E. D. Pennsylvania.

June 30, 1969.

Attorney(s) appearing for the Case

Fine, Staud, Silverman & Grossman, Franklin D. Rubin, Philadelphia, Pa., for plaintiff.

Costigan & McNulty, Robert W. Costigan, Philadelphia, Pa., for defendant.

OPINION

KRAFT, District Judge.

This is a motion for summary judgment filed by the defendant shipowner in this action by a longshoreman. Defendant contends that the plaintiff's deposition conclusively establishes that the plaintiff's accident could have been occasioned only by either of two possible causes and that defendant was not responsible for either cause.

Plaintiff's deposition discloses that he and Otis Givens, another longshoreman, were engaged...

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