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LO BUE v. UNITED STATES

No. 59, Docket 21425.

178 F.2d 528 (1949)

LO BUE v. UNITED STATES et al.

United States Court of Appeals Second Circuit.

Decided December 12, 1949.

Attorney(s) appearing for the Case

H. G. Morison, Assistant Attorney General, J. Vincent Keogh, United States Attorney, Brooklyn, N. Y., Leavenworth Colby, Special Assistant to the Attorney General, attorneys for the United States; Barry, Wainwright, Thacher & Symmers, New York City, of counsel; Joseph M. Brush and Edward C. Kalaidjian, New York City, advocates.

John P. Smith, New York City, proctor for respondent-impleaded-appellee; Bigham, Englar, Jones & Houston, New York City, Arkin, Lebovici & Kottler, New York City, of counsel; John M. Aherne and John L. Quinlan, New York City, advocates.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

Appellant Lo Bue was an employee of appellee Jarka Corporation who was injured by falling through an uncovered trimming hatch on the number three 'tween deck of appellant's S. S. Bernard L. Rodman. When the accident occurred the vessel was in a berth within the Eastern District of New York, and slag ballast was being removed from her by Jarka Corporation under an agreement between it and the United States which is known as a warshipsteve contract...

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