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MASSA v. C. A. VENEZUELAN NAVIGACION

No. 448, Docket 27945.

332 F.2d 779 (1964)

Nicola MASSA, Plaintiff-Appellant, v. C. A. VENEZUELAN NAVIGACION, Defendant and Third-Party Plaintiff-Appellant, v. JOHN W. McGRATH CORPORATION, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 3, 1964.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff-appellant.

Renato C. Giallorenzi, New York City (Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for defendant and third-party plaintiff-appellant.

James M. Leonard, New York City (McHugh & Leonard, New York City, on the brief), for third-party defendant-appellee.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Massa, the plaintiff longshoreman, was injured when a pallet being used to load the ship spilled some of its cargo on him. After a jury failed to reach a verdict, the United States District Court for the Eastern District of New York, Mortimer W. Byers, J., dismissed the complaint against the shipowner, C. A. Venezuelan Navigacion, on the ground that the plaintiff had failed to prove a prima facie case. This court reversed and remanded...

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