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PENA v. DOVREFJELL

176 F.Supp. 677 (1959)

Andrew PENA, Libelant, v. A/S DOVREFJELL, Claimant-Respondent (New York & Cuba Mail Steamship Company and International Terminal Operating Co., Inc., Respondents-Impleaded).

United States District Court S. D. New York.

September 17, 1959.

Attorney(s) appearing for the Case

Nelson, Healy, Baillie & Burke, New York City, for claimant-respondent, Robert M. Atkinson, New York City, of counsel.

Symmers, Fish & Warner, New York City, for respondent-impleaded New York & Cuba Mail S.S. Co., William Warner, New York City, Peter J. Malloy, Jr., Lynbrook, N. Y., of counsel.

John P. Smith, New York City, for respondent-impleaded International Terminal Operating Co., Inc., Joseph A. Driscoll, New York City, of counsel.

SUGARMAN, District Judge.

On December 27, 1955, Andrew Pena was working as a member of a gang of longshoremen unloading a cargo of tobacco from No. 4 hold of the S.S. Siboney at Pier 34, North River, New York City. Pena was employed by the International Terminal Operating Company. There were on the bottom of the No. 4 hold 28 drums and 138 packages of metal scrap. The drums stood on end. The drums and packages were covered by heavy gray paper, designed to protect...

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