District Court, D. Massachusetts May 27, 1958, Civ. A. 57-396 (Considine v. Black Diamond Steamship Corp.)

ALDRICH, District Judge.

This matter has previously been before the court in another, but still pertinent, aspect. Considine v. Black Diamond S.S. Co., D.C.D.Mass., 163 F.Supp. 107. At that time was denied a motion for summary judgment of dismissal. There

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after the stevedore’s action was tried to an advisory jury, which found for the plaintiff.