Wayne A. Normile v. Maritime Company of the Philippines

FERGUSON, Circuit Judge:

Plaintiff was injured while working as a federally employed longshoreman unloading defendant’s ship. Although entitled to receive workman’s compensation as a federal employee, he instituted suit against defendant, inter alia, on the ground that its vessel was not in seaworthy condition.

Defendant moved to bar plaintiff from trying the issue of unseaworthiness, asserting that longshoremen have no right to maintain that cause of action. The motion was granted. The case is now on interlocutory appeal. 28 U.S.C. § 1292(b).

We hold that no longshoreman, whether publicly or…