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SMITH v. STANDARD FRUIT AND STEAMSHIP COMPANY

66 Civ. 410.

324 F.Supp. 420 (1971)

Antoine SMITH, Plaintiff, v. STANDARD FRUIT AND STEAMSHIP COMPANY, Inc., Defendant.

United States District Court, S. D. New York.

February 23, 1971.

Attorney(s) appearing for the Case

Harry H. Lipsig, Jack Steinman, New York City, for plaintiff.

James Leonard, McHugh, Heckman, Smith & Leonard, New York City, for defendant.

OPINION

SOLOMON, District Judge:

This case raises two issues:

1. Whether Reed v. The Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448 (1963), should be extended to one who is neither the owner nor the bareboat charterer of a barge; and

2. Whether the lease arrangement here placed the lessee in a position legally equivalent to that of an owner or a bareboat charterer.

Plaintiff, a longshoreman, while...

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