BEARD v. ELLERMAN LINES, LTD.

No. 13278.

289 F.2d 201 (1961)

Leighton BEARD v. ELLERMAN LINES, LTD., and The City Line, Ltd., Appellants, v. ATLANTIC AND GULF STEVEDORES, INC.

United States Court of Appeals Third Circuit.

Decided April 7, 1961.

Rehearing Denied May 31, 1961.


Attorney(s) appearing for the Case

T. E. Byrne, Jr., Philadelphia, Pa., (Krusen, Evans & Shaw, Philadelphia, Pa. (Kirlin, Campbell & Keating, New York City, of counsel, on the brief), for appellants.

Milton M. Borowsky, Philadelphia, Pa. (Abraham E. Freedman, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee, Leighton Beard.

Francis E. Marshall, Philadelphia, Pa. (Davis, Marshall & Crumlish, Philadelphia, Pa., on the brief), for appellee, Atlantic and Gulf Stevedores, Inc.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


KALODNER, Circuit Judge.

The plaintiff, Leighton Beard, brought this civil action, founded upon the diversity jurisdiction of the District Court,1 against the defendants, Ellerman Lines, Ltd. and The City Line, Ltd. ("Ellerman"), to recover damages for personal injuries sustained in the course of discharging cargo from the latter's vessel, S.S. "City of Calcutta". Beard was a longshoreman in the...

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