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MALFITANO v. KING LINE, LTD.

198 F.Supp. 399 (1961)

Ignazio MALFITANO, Plaintiff, v. KING LINE, LTD., Defendant and Third-Party Plaintiff, v. JOHN W. McGRATH CORPORATION, Third-Party Defendant.

United States District Court S. D. New York.

March 16, 1961.

Attorney(s) appearing for the Case

Robert Klonsky, DiCostanzo, Klonsky & Sergi, Brooklyn, N. Y., for plaintiff, Ignazio Malfitano.

Macklin, Speer, Hanan & McKernan, New York City, Martin J. McHugh, New York City, of counsel for third-party-defendant, John W. McGrath Corp.

Kirlin, Campbell & Keating, New York City, for defendant, King Line, Ltd.

LEONARD P. MOORE, Circuit Judge.*

Plaintiff moves to strike so much of the answer of the third party defendant as seeks to assert a counterclaim against plaintiff.

The complaint against King Line, Ltd., as owner of the S. S. King Malcolm, alleged that a contract to load and/or unload cargo on this vessel had been made between defendant and John W. McGrath Corp. (McGrath), a stevedoring company; that plaintiff, a longshoreman employed...

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