EMPRESA LINEAS v. SINDICATO OBREROS


17 A.D.2d 51 (1962)

Empresa Lineas Maritimas Argentinas, Appellant, v. Sindicato Obreros Maritimos Unidos et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 10, 1962.


Attorney(s) appearing for the Case

Breck P. McAllister of counsel (James H. Herbert, James F. Cosgrove, Robert S. Ogden, Jr., Peter W. Mitchell, and Donovan Leisure Newton & Irvine with him on the brief; Kirlin, Campbell & Keating, attorneys), for appellant.

Seymour M. Waldman of counsel (Louis Waldman and Martin Markson with him on the brief; Waldman & Waldman, attorneys), for International Longshoremen's Association and others, respondents.

Richard P. Long of counsel (Ernest L. Garb with him on the brief; Wikler, Gottlieb, Stewart & Long, attorneys), for International Division of the Maritime Trades Department AFL-CIO, respondent.

H. Howard Ostrin of counsel (Herman E. Cooper, Eugene N. Sosnoff and Robert H. Sand with him on the brief; Cooper, Ostrin, De Varco & Ackerman, attorneys), for Sindicato Obreros Maritimos Unidos and others, respondents.

STEVENS and EAGER, JJ., concur with STEUER, J.; RABIN, J. P., and VALENTE, J., dissent in separate opinions.


STEUER, J.

Plaintiff is an Argentine corporation, wholly owned by the Republic of Argentina. It owns and operates several vessels. It has no office for the conduct of business in the United States and its sole connection with this country is that from time to time its vessels stop at American ports where these vessels take on and discharge cargo and passengers. As far as appears, none of its seamen are American...

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