Bernardo v. Bethlehem Steel Co.

FREDERICK van PELT BRYAN, District Judge.

Defendant moves to dismiss the complaint pursuant to Rule 12(b) (1) and (6), F.R.Civ.P., 28 U.S.C., for lack of jurisdiction of the subject matter, and for failure to state a claim upon which relief can be granted. It moves in the alternative for summary judgment under Rule 56(b).

Plaintiff sues for personal injuries suffered while he was employed by defendant allegedly “in the performance of work traditionally performed by seamen” and while “engaged in repairing a structure, which structure was one employed in aid of navigation, and at which time the…