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NUZZO v. REDERI, A/S WALLENCO, STOCKHOLM, SWEDEN

No. 48, Docket 26992.

304 F.2d 506 (1962)

Antonio NUZZO, Plaintiff-Appellee, v. REDERI, A/S WALLENCO, STOCKHOLM, SWEDEN, Defendant-Appellant, REDERI A/B SOYA, Defendant and Third-Party Plaintiff-Appellant, v. PITTSTON STEVEDORING CORPORATION, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 14, 1962.

Submitted May 29, 1962.

Petition for Rehearing Denied June 26, 1962.

Attorney(s) appearing for the Case

William P. Kain, Jr., New York City (Haight, Gardner, Poor & Havens, and Thomas F. Molanphy, New York City, on the brief), for defendant and third-party plaintiff-appellant.

Frank A. Teti, New York City (Santo R. Sgarlato, Jr., Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Thomas H. Healey, New York City (Monica & Feury, New York City, on the brief), for third-party defendant-appellee.

Before CLARK, HINCKS and FRIENDLY, Circuit Judges.

Petition for Rehearing In Banc Denied June 26, 1962.

HINCKS, Circuit Judge.

Antonio Nuzzo, a longshoreman, brought this action against Rederi, A/S Wallenco, for injuries he received while unloading lumber from defendant's ship "Boheme" in New York Harbor. The undisputed testimony is that Nuzzo and three others were working in a deep tank containing only lumber. The lumber had been loaded on the West Coast and, as...

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