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MOUNTEER v. MARINE TRANSPORT LINES, INC.

No. 77 Civ. 4347 (GLG).

463 F.Supp. 715 (1979)

John C. MOUNTEER, Plaintiff, v. MARINE TRANSPORT LINES, INC. and United States of America, Defendants.

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

As Amended January 24, 1979.

Attorney(s) appearing for the Case

Markowitz & Glanstein, New York City, for plaintiff by Steven Thaler, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., New York City, for defendants by Gilbert S. Fleischer, Atty. in Charge, Torts Branch, Civil Div., U. S. Dept. of Justice, New York City by Craig S. English, New York City, of counsel.

OPINION

GOETTEL, District Judge:

Defendants move for summary judgment. The plaintiff, in a refreshing instance of candor, acknowledges that there are no factual issues preventing resolution of the motion and concedes that it is a matter of law — in fact, an important legal issue. The acknowledged facts are as follows:

The United States owns the USNS Sealift Atlantic, a tank vessel. It has bareboat...

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