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VAN CARPALS v. THE S.S. AMERICAN HARVESTER

No. 51, Docket 27046.

297 F.2d 9 (1961)

Emanuel VAN CARPALS, Libelant-Appellant, v. THE S.S. AMERICAN HARVESTER, United States Lines Company, Claimant-Respondent-Appellee, Todd Shipyards Corporation, Respondent-Impleaded.

United States Court of Appeals Second Circuit.

Decided December 13, 1961.

Rehearing Denied January 10, 1962.

Attorney(s) appearing for the Case

Simone N. Gazan, New York City, for libelant-appellant.

Robert P. Hart, Thomas Coyne, of Kirlin, Campbell & Keating, New York City (Patrick J. Gilmartin and Charles N. Fiddler, New York City, on the brief), for claimant-respondent-appellee.

Patrick E. Gibbons, of Terhune, Gibbons & Mulvehill, New York City, for respondent-impleaded.

Before CLARK, HINCKS, and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

Libelant Van Carpals appeals from dismissal of his libel for damages for personal injuries sustained on the SS "American Harvester" while he was working as a shore mechanic for Todd Shipyards Corporation, which had been employed by United States Lines Company, the shipowner, to prepare the ship's pipes and valves for inspection by the Coast Guard. The district judge found the facts as follows:

"The boilers of claimant's steamship were...

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