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DAVIS v. UNITED STATES LINES COMPANY

No. 12333

253 F.2d 262 (1958)

John C. DAVIS, Appellant, v. UNITED STATES LINES COMPANY, Defendant and Third-Party Plaintiff (Murphy-Cook & Company, Third-Party Defendant and Appellee).

United States Court of Appeals Third Circuit.

Decided March 11, 1958.

Attorney(s) appearing for the Case

Milton M. Borowsky, Philadelphia, Pa., Abraham E. Freedman, Freedman, Landy & Lorry, Philadelphia, Pa., for appellant.

George E. Beechwood, Philadelphia, Pa. (Joseph J. Murphy, Philadelphia, Pa., Beechwood, Lovitt & Murphy, Philadelphia, Pa., on the brief), for Murphy-Cook & Co.

Before BIGGS, Chief Judge, KALODNER, Circuit Judge, and WRIGHT, District Judge.

WRIGHT, District Judge.

This is an appeal from the judgment of the District Court for the Eastern District of Pennsylvania wherein Appellant, Plaintiff below, was denied the right to allocate between recipients of a settlement a pro rata share of the legal fees incurred in effecting the compromise with the third party tortfeasor, a remedy averred to have been granted by the applicable statutory provisions of the Longshoremen's and Harbor Workers' Act

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