SMERAGULIO v. UNITED STATES

No. 20618.

205 F.Supp. 486 (1962)

Andrew SMERAGULIO, Libelant, v. UNITED STATES of America, Respondent. UNITED STATES of America, Petitioner-Respondent, v. MARINE COMPOSITION PAINT AND SCALING COMPANY, Inc., and Evelyn C. Back, doing business under the trade name and style of Inland Marine Company, Respondents-Impleaded.

United States District Court E. D. New York.

January 12, 1962.


Attorney(s) appearing for the Case

Nathanson, Lindenbaum & Young, Brooklyn, N. Y., Standard, Weisberg, Harolds & Malament, New York City, Malcolm B. Rosow, New York City, of counsel, for libelant.

Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., Louis E. Greco, Walter L. Hopkins and Erwin W. Rossuck, Admiralty & Shipping Section, Dept. of Justice, New York City, of counsel, for respondent.

Charles G. Tierney, New York City, Raymond C. Green, New York City, of counsel, for respondent-impleaded, Marine Composition Paint & Scaling Co., Inc.


ABRUZZO, District Judge.

This proceeding was commenced by libelant to recover damages from the United States of America, respondent, sustained by reason of the alleged unseaworthiness of the vessel S.S. Francis A. Wardwell and the negligence of said respondent in failing to furnish libelant with a safe place to work. The respondent made an agreement in writing dated September 28, 1955 (Ex. A), with one Evelyn C. Back who...

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