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VALLE v. JUGOSLAVENSKA LINEJSKA PLOVIDBA

No. 74 Civ. 5677.

434 F.Supp. 608 (1977)

Valentino VALLE, Plaintiff, v. JUGOSLAVENSKA LINEJSKA PLOVIDBA, Defendant.

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

July 20, 1977.

Attorney(s) appearing for the Case

Zimmerman & Zimmerman, New York City, for plaintiff; Edward D. Lory, of counsel.

Cichanowicz & Callan, New York City, for defendant; George T. Delaney, New York City, of counsel.

IRVING BEN COOPER, District Judge.

This seaman's personal injury action was tried before the Court and a jury on June 7-8, 1977. At the completion of plaintiff's case on the issue of liability, defendant moved for a directed verdict pursuant to Rule 50(a), Federal Rules of Civil Procedure. The issue was presented clearly by the trial memoranda and opening remarks of counsel: since absolute liability based upon a theory of unseaworthiness was no longer available (see...

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