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  5. 792 F.Supp. 334 (1992)
 

GATES CONST. CORP. v. KOSCHAK

Nos. 91 Civ. 5889 (MBM), 91 Civ. 6890 (MBM).

792 F.Supp. 334 (1992)

GATES CONSTRUCTION CORPORATION, Plaintiff, v. Walter KOSCHAK, Jr., and Carol Koschak, Defendants. Walter KOSCHAK, Jr., and Carol Koschak, Plaintiffs, v. GATES CONSTRUCTION CORPORATION, Defendant.

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

June 5, 1992.

Attorney(s) appearing for the Case

John A.V. Nicoletti, John K. McElligott, Donovan Parry Walsh & Repetto, New York City, for Gates Const. Corp.

Paul C. Matthews, New York City, for Walter Koschak, Jr., and Carol Koschak.

OPINION AND ORDER

MUKASEY, District Judge.

Gates Construction Corporation ("defendant") has sued Walter Koschak, Jr., and Carol Koschak ("plaintiffs") for a declaratory judgment that Walter Koschak is not entitled to sue as a seaman under the Jones Act, 46 App.U.S.C. § 688, for injuries sustained while employed by defendant ("the declaratory judgment action"). Just after filing the declaratory judgment action...

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