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McGOWAN v. J. H. WINCHESTER & CO.

Nos. 255, 265, Dockets 20966, 20986.

168 F.2d 924 (1948)

McGOWAN v. J. H. WINCHESTER & CO., Inc. BURO v. AMERICAN PETROLEUM TRANSPORT CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 24, 1948.

Attorney(s) appearing for the Case

Jacob Rassner, of New York City (Nathan Baker, Jack Steinman, and Robert Klonsky, all of New York City, on the brief), for plaintiff-appellant Joseph McGowan.

Jacob Rassner, of New York City (Thomas O'Rourke Gallagher, of Brooklyn, N. Y., and Jack Steinman and Robert Klonsky, both of New York City, on the brief), for plaintiff-appellant Pasquale Buro.

Michael E. Hanrahan, of New York City (Gerard A. Connolly, Franklin Square, L. I., N. Y., on the brief), for defendant-appellee J. H. Winchester & Co., Inc.

John L. Quinlan, of New York City (Bigham, Englar, Jones & Houston and John M. Aherme, all of New York City, on the brief), for defendant-appellee American Petroleum Transport Corporation.

Leavenworth Colby, Sp. Asst. to Atty. Gen., Admiralty and Shipping Sec., Dept. of Justice (H. G. Morison, Asst. Atty. Gen., Edward L. Smith, Sp. Asst. to Atty. Gen., Admiralty and Shipping Sec., Dept. of Justice, and Martin J. Norris, Atty., U. S. Maritime Com'n, of New York City, on the brief), for the United States as amicus curiae.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

These appeals were argued at the same time; and since each presents the same question, they may be disposed of in one opinion. The question is whether the general agent operating for the United States vessel owned by the latter is responsible for an injury to a third party caused by the negligence of the ship's crew. There is no dispute as to the facts in either case, and they may be briefly stated.

Both plaintiffs were employees of contractors...

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