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THEODORE v. MOORE McCORMACK LINES, INC.

No. 80 Civ. 6909(MP).

516 F.Supp. 25 (1981)

Nicholas THEODORE, Plaintiff, v. MOORE McCORMACK LINES, INC., Defendant.

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

June 11, 1981.

Attorney(s) appearing for the Case

Schwartz, Dicker & Gutstein, Brooklyn, N. Y., by Lawrence D. Dicker, Brooklyn, N. Y., for plaintiff.

Kirlin, Campbell & Keating, New York City, by Mark F. Muller, New York City, for defendant.

MEMORANDUM

MILTON POLLACK, District Judge.

Defendant moves to dismiss pursuant to Section 33(b) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 933(b), on the ground that plaintiff's claim has been assigned by operation of law to his employer. Plaintiff opposes dismissal contending that there has been no assignment.

The relevant portion of the statute reads:

Acceptance...

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