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SANTOMARCO v. UNITED STATES

No. 234, Docket 25833.

277 F.2d 255 (1960)

Thomas SANTOMARCO, Libellant, v. UNITED STATES of America, Respondent, and American Stevedores, Inc., Respondent.

United States Court of Appeals Second Circuit.

Decided April 5, 1960.

Attorney(s) appearing for the Case

Morris Cizner, New York City, Zimmerman & Zimmerman, New York City, for libelant-appellee, Thomas Santomarco.

Walter L. Hopkins, New York City, George Cochran Doub, Asst. Atty. Gen., Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Samuel D. Slade, Leavenworth Colby, Benjamin H. Berman, Attorneys, Department of Justice, Washington, D. C., for the United States.

Albert S. Commette, New York City, Garvey & Conway, New York City, for impleaded respondent, American Stevedores, Inc.

Before LUMBARD, Chief Judge, and L. HAND and LEWIS, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree in the admiralty of the District Court for the Eastern District of New York holding the United States liable to the libellant, a longshoreman, for injuries suffered on board the ship, "Henry Gibbins," and also holding the American Stevedores, Inc. (which we shall call "Stevedores") liable to the United States for indemnity under a contract between the parties. The facts were as follows.

The ship, "Henry...

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