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PABELLON v. GRACE LINE

94 F.Supp. 989 (1950)

PABELLON v. GRACE LINE, Inc. (COSTON SUPPLY CO. et al., Third party Defendants). RUDMAN & SCOFIELD, Inc. v. McKESSON & ROBBINS, Inc., et al.

United States District Court S. D. New York.

November 28, 1950.

Attorney(s) appearing for the Case

Emanuel Friedman, New York City, for plaintiff.

Mitchell, Capron, Marsh, Angulo & Cooney, New York City, for third party defendant, Coston Supply Co.

Mathews, Hampton & Mahoney, New York City, for third party defendant, Durkee Company, Inc.

Davies, Hardy, Schneck & Soons, New York City, for third party defendant, Oakite Co.

Kirlin, Campbell, Hickox & Keating, New York City, for defendant and third party plaintiff, Grace Line, Inc.

John W. Trapp, New York City, for third party defendant, Dearborn Chemical Co.

White & Case, New York City, for third party defendant Swift & Co.

Tashof & Sobler, New York City, for third party defendant, Rudman & Scofield, Inc.

CONGER, District Judge.

Certain third party defendants move to dismiss the amended third party complaint upon the ground that the pleading fails to state a claim upon which relief may be granted. The defendant and third party plaintiff moves to dismiss the complaint on the same ground.

The facts are fairly simple. The plaintiff, a seaman employed aboard the defendant's vessel, the S. S. Santa Isabel, was allegedly injured as a result of "a violent and explosive...

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