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DRAGO v. A/S INGER

No. 247, Docket 27231.

305 F.2d 139 (1962)

Frank DRAGO, Plaintiff-Appellee, v. A/S INGER, Defendant and Third-Party Plaintiff-Appellee, v. DANIELS & KENNEDY, INC., Third-Party Defendant-Appellant, and Illinois Atlantic Corp., Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 3, 1962.

Attorney(s) appearing for the Case

William A. Wilson, New York City (Warner Pyne and Pyne, Smith & Wilson, New York City, on the brief), for defendant and third-party plaintiff-appellee.

Raymond C. Green, New York City (Charles G. Tierney, Harry Schechter and Harold Klein, New York City, on the brief), for third-party defendant-appellant.

David P. H. Watson, New York City (J. Ward O'Neill and Haight, Gardner, Poor & Havens, New York City, on the brief), for third-party defendant-appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge.

This is an appeal from a judgment of indemnity awarded the third-party plaintiff shipowner, which had been found liable to the plaintiff longshoreman for his personal injuries, against the stevedoring company which employed the plaintiff in its unloading operations on the third-party plaintiff's ship. The stevedoring company contends on this appeal that the trial judge, in deciding on the third-party complaint without the jury pursuant to stipulation...

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