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LESTER v. UNITED STATES

No. 19389.

127 F.Supp. 413 (1955)

Sherwood LESTER, Libelant, v. UNITED STATES of America, Respondent, and Marine Basin Company, Respondent-Impleaded.

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

January 19, 1955.

Attorney(s) appearing for the Case

Louis Bloch, New York City, Gay & Behrens, Edward J. Behrens, and Mack Kreindler, New York City, of counsel, for libelant.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Howard F. Fanning, New York City, of counsel, for respondent.

William S. O'Connor, New York City, Gerard McGowan, New York City, of counsel, for respondent-impleaded.

BYERS, District Judge.

This cause involves injuries suffered by the libelant Lester on July 15, 1947 when he fell overside to starboard from the U. S. Motor Cruiser Q-100, to the floor of a dry dock of the impleaded respondent. The vessel was in that dock for the purposes of general overhaul, and there is no substantial factual dispute emerging from the testimony at the trial.

The libel alleged that Lester slipped and was thus caused to fall, because of the...

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