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MEARS v. AMERICAN EXPORT LINES, INC.

No. 75 Civ. 5068 (KTD).

457 F.Supp. 846 (1978)

George MEARS, Plaintiff, v. AMERICAN EXPORT LINES, INC., Defendant and Third Party Plaintiff, v. Epifanio M. ARREQUI, Third Party Defendant.

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

September 21, 1978.

Attorney(s) appearing for the Case

Tabak, Steinman & Mellusi, New York City, for plaintiff; Ralph J. Mellusi, Jack Steinman, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant; Stephen K. Carr, Bruce C. Beringer, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Plaintiff George Mears has brought this action to recover for injuries sustained by him while he was serving as an Ordinary Seaman aboard defendant's ship, the S.S. Export Buyer. Plaintiff claims that the ship was unseaworthy by virtue of the presence on board of a man "unequal in disposition and temperament to other men in the calling." Plaintiff's Proposed Conclusions of Law. Specifically, he asserts that another...

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