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Clinton LAFFOON, Plaintiff v. WATERMAN STEAMSHIP CORP., a corporation, Defendant.

On motion to dismiss.

See also 101 F. Supp. 823.

NOONAN, District Judge.

Motion granted as to the first cause of action. Seaworthiness is peculiarly and exclusively the obligation of the owner of the vessel. Seas Shipping Co. v. Sieracki, 328 U.S. 85, 100, 66 S.Ct. 872, 90 L.Ed. 1099.

Motion denied as to the second cause of action. Cf. Weade v. Dichmann, Wright Pugh, Inc., 337 U.S. 801, 808, 809, 69 S.Ct. 1326, 93 L.Ed. 1704; Greer v. Cosmopolitan Shipping Co., 1949 A.M.C. 1825.

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LAFFOON v. WATERMAN STEAMSHIP CORP., (S.D.N.Y. 1950)
(Nov 27, 1950)