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RACK v. LEE & SIMMONS

105 F.Supp. 79 (1952)

RACK v. LEE & SIMMONS, Inc., et al.

United States District Court S. D. New York.

May 28, 1952.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, and Theodore D. Rothenberg, Brooklyn, proctors for libelant (Thomas J. Doyle, New York City, of counsel).

John P. Smith, New York City, proctor for respondent (Albert S. Commette, New York City, of counsel).

Alexander & Ash, New York City, attorneys for respondent-impleaded (Sidney A. Schwartz, New York City, advocate).

McGOHEY, District Judge.

The libelant,1 a stevedore, claims he was injured while unloading sugar from the covered barge "Wandercliff" owned by respondent Lee & Simmons, Inc. The latter impleaded Waterfront Loaders Co. which loaded the cargo.2 It also pleaded limitation of liability to $10,000, the alleged value of the barge. On libelant's motion the claim for damages was reduced to that sum.

The...

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