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CURTIS v. A. GARCIA Y CIA.

Nos. 12472-12479.

272 F.2d 235 (1959)

Margaret Jean CURTIS, Administratrix d.b.n. of the Estate of William Thomas, Deceased; Luther Montgomery, George Hudson, Willie Wilson, Robert Brown, Anthony Taylor, Daniel Seawright, et al., Plaintiffs, v. A. GARCIA Y CIA., Ltda., Defendant and Third-Party Plaintiff-Appellee (Jarka Corporation of Philadelphia, Third-Party Defendant-Appellant).

United States Court of Appeals Third Circuit.

Decided February 24, 1959.

Reargued October 5, 1959.

Decided on Rehearing December 9, 1959.

Attorney(s) appearing for the Case

George E. Beechwood, Philadelphia, Pa. (Michael A. Foley, Beechwood, Lovitt & Murphy, Philadelphia, Pa., on the brief), for appellant.

Mark D. Alspach, Philadelphia, Pa. (Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This proceeding is a third-party action by a defendant shipowner, A. Garcia y Cia, seeking indemnity from a stevedoring company, Jarka Corporation, named as a third-party defendant, for the shipowner's loss in the form of damages recovered by longshoremen for shipboard injuries suffered during the course of their employment by Jarka. The accident occurred when the longshoremen were unloading one hundred pound bags of sugar from the hold of Garcia...

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