UNITED STATES DISTRICT COURT, EASTERN DISTRICT NEW YORK.
August 6, 1954.
Julio CLAUDIO, Plaintiff,
SINCLAIR REFINING COMPANY, Defendant.
The opinion of the court was delivered by: BRUCHHAUSEN
A seaman having commenced an action at law for personal injuries, pursuant to the Jones Act, 46 U.S.C.A. § 688, and with allegations of unseaworthiness pursuant to the General Maritime Law, he filed a motion seeking an order for the immediate payment of maintenance by the defendant-employer. The brief argued, inter alia, that the plaintiff seaman was a ward of admiralty, and that, if there can be liability for injury due to unseaworthiness without fault on the part of the defendant shipowner, then the seaman should be entitled to maintenance from the employer-shipowner without proof of fault.
BRUCHHAUSEN, District Judge.
The cases submitted by the plaintiff are not in point. The recoveries therein were after trial. There is no authority for the relief sought, by way of a summary proceeding or motion, excepting where there is no genuine issue of fact, the Courts have entertained motions for summary judgment pursuant to Rule 56, Fed.Rules Civ.Proc. 28 U.S.C.A. See Rackus v. Moore-McCormack, D.C., 85 F.Supp. 185; Brady v. Waterman, D.C., 10 F.R.D. 629.
The motion is denied without prejudice.
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