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MASSARO v. UNITED STATES LINES COMPANY

No. 13879.

307 F.2d 299 (1962)

Michael MASSARO v. UNITED STATES LINES COMPANY, Appellant v. NORTHERN METAL COMPANY.

United States Court of Appeals Third Circuit.

Filed August 28, 1962.

Attorney(s) appearing for the Case

Harrison G. Kildare, Philadelphia, Pa., (Rawle & Henderson, Thomas F. Mount, Philadelphia, Pa., on the brief), for appellant.

Wilfred R. Lorry, Philadelphia, Pa., (Charles Sovel, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee Michael Massaro.

John B. Brumbelow, Philadelphia, Pa. (Goncer M. Krestal, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., on the brief), for appellee Northern Metal Co.

Before BIGGS, Chief Judge, and HASTIE and SMITH, Circuit Judges.

BIGGS, Chief Judge.

The longshoreman-plaintiff, Massaro, sustained serious injuries while employed by Northern Metal Company, the third-party defendant, to discharge cargo from the No. 2 hold of the S.S. American Guide, owned by the defendant and third-party plaintiff, United States Lines Company. On July 26, 1957, at about 2 P.M. Massaro was in the vessel's No. 2 hold and was directed by his foreman to go back to the deck. He had climbed a permanent vertical steel...

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