LAWLOR v. SOCONY-VACUUM OIL COMPANY

No. 176, Docket 25878.

275 F.2d 599 (1960)

Cecil LAWLOR, Plaintiff-Appellee, v. SOCONY-VACUUM OIL COMPANY, Inc., now known as Socony-Mobil Oil Company, Inc., Defendant and Third-Party Plaintiff-Appellant, and Bethlehem Steel Company, Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 8, 1960.


Attorney(s) appearing for the Case

Bernard Chazen, Hoboken, N. J. (Nathan Baker, Milton Garber, and Baker, Garber & Chazen, Hoboken, N. J., on the brief), for plaintiff-appellee.

Herbert C. Smyth, New York City, for defendant-appellant. Socony-Mobil Oil Co., Inc.

Frank A. Bull, New York City (Mendes & Mount, New York City, on the brief), for third-party defendant-appellant Bethlehem Steel Co.

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.


MEDINA, Circuit Judge.

At least since Pope & Talbot, Inc. v. Hawn, 1953, 346 U.S. 406, 74 S.Ct. 202, 98 L.Ed. 143, it has been common practice in this Circuit and elsewhere in diversity cases for an injured shore-based worker who claims he was doing the type of work traditionally done by seamen but who was employed by third parties, such as stevedores and shipyards, to sue the shipowner on the law or civil side of the District Courts...

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