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McCARTY v. UNITED STATES

No. A-18905.

88 F.Supp. 251 (1950)

McCARTY v. UNITED STATES et al.

United States District Court E. D. New York.

January 26, 1950.

Attorney(s) appearing for the Case

Robert McGowan Smith, Brooklyn, N. Y., proctor for libellant (Archibald F. McGrath, New York City, of counsel).

J. Vincent Keogh, United States Attorney, Brooklyn, N. Y., proctor for respondent United States (Dorsey & Adams, New York City, of counsel, and Morgan J. Burke, Jr., and James F. Hart, New York City, advocates).

John P. Smith, New York City, proctor for Guardino Tank Processing Corporation and Guardino & Sons, Inc. (Leo F. Hanan, New York City, of counsel).

Purdy, Lamb & Catoggio, New York City, proctors for Federal Stevedoring Co., Inc. (Edmund F. Lamb, New York City, of counsel).

BYERS, District Judge.

Decision is required concerning an accidental injury suffered by McCarty on June 30, 1947, at about 4:45 P.M. while he was using an abandon ship ladder in making his way aboard the S. S. Council Bluffs Victory from a sludge barge alongside. He was then an employee of Federal Stevedoring Co., Inc., and had been at work on a lighter, also alongside the ship, which lay just forward of the sludge barge, and having knocked off for the day, he was...

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