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SHENKER v. UNITED STATES

No. 315, Docket 27949.

322 F.2d 622 (1963)

Maxwell SHENKER, Libelant-Appellee, v. UNITED STATES of America, Respondent-Appellant-Appellee, v. AMERICAN STEVEDORES, INC., Respondent-Impleaded-Appellant.

United States Court of Appeals Second Circuit.

Decided August 21, 1963.

Attorney(s) appearing for the Case

Michael J. Kenny, New York City (George J. Conway, New York City, on the brief), for respondent-impleaded-appellant.

Stanley P. Danzig, New York City (Fuchsberg & Fuchsberg, New York City, on the brief), for libelant-appellee.

Philip A. Berns, Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty., Leavenworth Colby, Chief Admiralty & Shipping Section, Dept. of Justice, Morton S. Hollander, Chief, Appellate Section, Civil Div., Dept. of Justice and Louis E. Greco, Atty. in Charge, New York Office, Admiralty & Shipping Section, Dept. of Justice, on the brief), for respondent-appellant-appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal by the United States, defendant below, and by American Stevedores, Inc., which was impleaded as defendant, from an interlocutory decree in admiralty entered in the United States District Court for the Eastern District of New York after a trial before Judge Rosling, sitting without a jury. The decree awarded a judgment in the amount of $12,500 to the libelant, Maxwell Shenker.

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