District Court, S.D. New York December 20, 1966, No. 66 Civ. 3039 (Tarabocchia v. John W. McGrath Corp.)

PALMIERI, District Judge.

These are cross-motions for summary judgment which raise the much litigated issue as to whether the injury in question was one “occurring upon the navigable waters of the United States” within the purview of the Longshoremen’s and Harbor Workers’ Compensation Act of March 4, 1927, as amended, 33 U.S.C. § 901 et seq. (the Act).