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SPINELLI v. ISTHMIAN STEAMSHIP COMPANY

No. 175, Docket 28385.

326 F.2d 870 (1964)

Alfonso SPINELLI, Libellant-Appellant and Cross-Appellee, v. ISTHMIAN STEAMSHIP COMPANY, a corporation, Respondent-Petitioner-Appellee and Cross-Appellant, v. INTERNATIONAL TERMINAL OPERATING CO., Inc., Respondent-Impleaded-Appellee and Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided January 13, 1964.

Attorney(s) appearing for the Case

Bernard Chazen, Hoboken, N. J. (Milton Garber and Baker, Garber & Chazen, Hoboken, N. J., on the brief), for libellant-appellant.

Robert P. Hart, New York City (Ralph C. Kreimer and Kirlin, Campbell & Keating, New York City, on the brief), for respondent-petitioner.

Joseph Arthur Cohen, New York City (Sidney A. Schwartz and Alexander, Ash & Schwartz, New York City, on the brief), for respondent-impleaded-appellee.

Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.

PER CURIAM.

Appellant Alfonso Spinelli, a longshoreman, was injured when helping to load cargo aboard the SS Steelmaker, owned by respondent-appellee Isthmian Steamship Company. The libel charges respondent-appellee with responsibility for the fall of a draft of steel pipe that was being hoisted in a sling from the pier to the vessel. The draft fell back because the brake on the ship's winch slipped and libellant-appellant was injured. The evidence amply sustains...

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