DI MEGLIO v. THE BLACK CONDOR


120 F.Supp. 865 (1954)

DI MEGLIO v. THE BLACK CONDOR et al.

United States District Court, S. D. New York.

April 13, 1954.


Attorney(s) appearing for the Case

Samuel P. Fensterstock, New York City, for libellant.

Pyne, Lynch & Smith, New York City (James A. Dilkes, Staten Island, of counsel), for claimant-respondent.

McNutt & Nash, New York City (Eli Ellis, New York City, of counsel), for impleaded-respondent.


IRVING R. KAUFMAN, District Judge.

The impleaded-respondent is a time charterer. On February 3, 1954, 120 F.Supp. 909, Judge Weinfeld sustained the impleaded-respondent's exceptions to the original impleading petition, granting leave to the vessel owner, the claimant-respondent, to plead anew, basing its claim either upon an express or implied contract of indemnity, and further directing...

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