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LYONS v. EMPRESSA HONDURENA DE VAPORES, S.A.

No. 40, Docket 25642.

273 F.2d 317 (1959)

John LYONS, Plaintiff-Appellant, v. EMPRESSA HONDURENA DE VAPORES, S.A., Defendant-Appellee, Bethlehem Steel Company, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 18, 1959.

Attorney(s) appearing for the Case

Thomas F. Frawley, New York City (Henry Isaacson and Jacob Rassner, New York City, on the brief), for plaintiff-appellant.

John P. Carson, New York City, for defendant-appellee.

Frank A. Bull, of Mendes & Mount, New York City, for third-party defendant-appellee.

Before CLARK, HINCKS, and WATERMAN, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, an iron worker in the employ of Bethlehem Steel Company, brought this action for damages for personal injuries sustained in a fall aboard defendant's vessel, the S/S Choloma. Jurisdiction is based on the diverse citizenship of the parties, and claim over was made by defendant against Bethlehem as third-party defendant. At the time of the injury the vessel was at Bethlehem's shipyard in Hoboken, New Jersey, in order to have a number...

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