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GADALETA v. NEDERLANDSCH-AMEREKAANSCHE STOOMVART

No. 391, Docket 26874.

291 F.2d 212 (1961)

Mauro GADALETA, Plaintiff-Appellant, v. NEDERLANDSCH-AMEREKAANSCHE STOOMVART, etc., a/k/a Holland America Line, Defendant-Respondent and Third-Party Plaintiff-Appellant, v. International Terminal Operating Co., Inc., Third-Party Defendant-Respondent.

United States Court of Appeals Second Circuit.

Decided June 6, 1961.

Attorney(s) appearing for the Case

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

Edmund F. Lamb, New York City (William E. Fay III, Lawless & Lynch, Purdy, Lamb & Catoggio, New York City, on the brief), for defendant-respondent and third party plaintiff-appellant.

Nicholas Milano, New York City, for third party defendant-respondent.

Before FRIENDLY and SMITH, Circuit Judges, and WATKINS, District Judge.

SMITH, Circuit Judge.

Plaintiff, a longshoreman, was injured August 31, 1956 while handling barrels of pickled skins which had been unloaded from defendant's vessel and stacked on defendant's pier on August 23 and 24, 1956. Plaintiff's claim was that he had slipped on brine, which had leaked from broken barrels, while loading one of the heavy barrels on the plate of a hi-lo, and that he suffered a herniated intervertebral disc. Defendant introduced reports tending...

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