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CAPUTO v. U. S. LINES COMPANY

No. 153, Docket 27663.

311 F.2d 413 (1963)

Michael CAPUTO, Plaintiff-Appellee, v. U. S. LINES COMPANY, Defendant, and Third-Party Plaintiff-Appellant, and IMPARATO STEVEDORING CORPORATION, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 2, 1963.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for defendant-appellant, Joseph M. Cunningham, Vernon S. Jones and Henry J. O'Brien, New York City, of counsel.

Monica & Feury, New York City, for third-party defendant-appellee, Joseph P. Feury and Thomas H. Healey, New York City, of counsel.

Jacob D. Fuchsberg, New York City, for plaintiff-appellee.

Martin N. Leaf, New York City, for Caputo.

Before SWAN and FRIENDLY, Circuit Judges, and DIMOCK, District Judge.

DIMOCK, District Judge.

This is an appeal by defendant and third-party plaintiff, United States Lines Company, hereinafter the shipowner, from a judgment which awarded $70,000 to plaintiff upon the verdict of the jury and which dismissed its third-party complaint against third-party defendant, Imparato Stevedoring Corporation, hereinafter stevedore.

The action is one brought by a longshoreman to recover for personal injuries sustained when his foot broke through...

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