c38:No. 80-1409

ALBERT V. BRYAN, Senior Circuit Judge,
concurring and dissenting:
While I concur in so much of the majority’s opinion which affirms the jury determination on the unseaworthiness issue, I find that the record amply supports the District Judge’s direction of a verdict in favor of the defendant on the other two counts of the plaintiff’s complaint. Accordingly, I would affirm the judgment in all respects.
It should be noted that the issue before the Court today concerns only whether there was sufficient evidence to warrant a directed verdict in favor of the defendant. It appears seriously doubtful that the plaintiff will be able to recover in any event, but since a new trial is now necessary, I defer consideration of the merits until such time, if any, as further appellate review is required.

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