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OBLATORE v. UNITED STATES

No. 305, Docket 26364.

289 F.2d 400 (1961)

Espedit OBLATORE, Libellant-Appellant, v. UNITED STATES of America, Respondent-Appellee, American Stevedores, Inc., Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided April 28, 1961.

Attorney(s) appearing for the Case

Diego R. Camarda, Brooklyn, N. Y., for libellant-appellant.

Ronald A. Jacks, Atty., Dept. of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Elliott Kahaner, U. S. Atty., Brooklyn, N. Y., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on the brief), for respondent-appellee the United States.

Michael J. Kenny, New York City (George J. Conway, New York City, on the brief), for respondent-impleaded-appellee.

Before MEDINA, MOORE and FRIENDLY, Circuit Judges.

MEDINA, Circuit Judge.

On March 20, 1957, libellant, a longshoreman, employed by American Stevedores, Inc., was injured while engaged in loading operations aboard the USNS Henry Gibbins, a public vessel owned and operated by the United States and moored to a pier at the Brooklyn Army Terminal, Brooklyn, New York. The libel against the United States under the Public Vessels Act, 46 U.S.C.A. § 781, alleged both unseaworthiness and negligence in failing to provide...

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