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PROVENZA v. AMERICAN EXPORT LINES, INC.

No. 8959.

324 F.2d 660 (1963)

Joseph S. PROVENZA, Plaintiff. Appellant, v. AMERICAN EXPORT LINES, INC., Defendant and Third-Party Plaintiff, Appellee. AMERICAN EXPORT LINES, INC., Defendant and Third-Party Plaintiff, Appellant, v. ATLANTIC AND GULF STEVEDORES, INC., Third-Party Defendant, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 4, 1963.

Attorney(s) appearing for the Case

John J. O'Connor, Jr., Baltimore, Md. (O'Connor & Preston, Baltimore, Md., on brief), for Joseph S. Provenza.

Southgate L. Morison, Baltimore, Md. (Ober, Williams, Grimes & Stinson, Baltimore, Md., on brief), for American Export Lines, Inc.

Herbert F. Murray, Baltimore, Md. (Clater W. Smith, Robert E. Powell, and Smith, Somerville & Case, Baltimore, Md., on brief), for Atlantic and Gulf Stevedores, Inc.

Before SOBELOFF, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The plaintiff, a longshoreman, brought this action against the shipowner, American Export Lines, Inc., for injuries which occurred during loading operations, alleging unseaworthiness, negligence, and violation of safety regulations promulgated by the Secretary of Labor under the Harbor Workers' Compensation Act as amended. (33 U.S.C. § 941). The shipowner in turn filed a third party complaint...

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