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SHERFY v. BARGE MARIN HORIZON, NO. 651632

No. C 98-04582 WHA.

76 F.Supp.2d 1054 (1999)

Jamey H. SHERFY, Plaintiff, v. BARGE MARIN HORIZON, No. 651632, her engines, tackle, apparel, furniture, etc., in rem, Tug Marin Twilight, No. 614861, her engines, tackle, apparel, furniture, etc., in rem, Sea-Land Service, Inc., in personam; Marin Tug & Barge, Inc., in personam; and Gary Winston, individually, in personam; Defendants. and Related Cross-Actions.

United States District Court, N.D. California.

November 30, 1999.

Attorney(s) appearing for the Case

Eugene A. Brodsky, Brodsky Baskin & Miller Inc., San Francisco, CA, for Jamey H. Sherfy.

Forrest Booth, Edward M. Bull, Sloan C. Bailey, Booth Banning LLP, San Francisco, CA, for the Barge Marin Horizon, Marin Tug and Barge, Gary Winston.

Eric M. Danoff, James J. Tamulski, Keith R. Gillette, Kaye Rose & Partners LLP, for San Francisco, CA, for Sea-Land Service Inc.

ORDER DENYING SUMMARY JUDGMENT MOTION BY BARGE MARIN HORIZON

ALSUP, District Judge.

INTRODUCTION

In this maritime case, the general issue concerns allocation of the responsibility for injuries sustained by a seaman who fell while descending a jacobs ladder from one vessel to his own. On the narrower question posed by this motion for summary judgment, the seaman's vessel, sued in rem, seeks a declaration that it was seaworthy and that it...

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