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FRANCESE v. UNITED STATES

No. 63 C 1156.

229 F.Supp. 10 (1964)

Michael FRANCESE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

April 29, 1964.

Attorney(s) appearing for the Case

Philip A. Berns, New York City (Joseph P. Hoey, U. S. Atty., and Louis E. Greco, Attorney in Charge, Admiralty & Shipping Section, Department of Justice, of counsel), for defendant.

Lawrence M. Honig, New York City, (Edward A. Bohan, New York City, of counsel), for plaintiff.

DOOLING, District Judge.

Defendant has moved to dismiss on jurisdictional grounds a longshoreman's claim for personal injuries. The complaint alleges that during the loading of a vessel, the S/S EXCELLENCY, at defendant's Pier 3 in its Brooklyn Army Terminal Base, a draft of allegedly defectively pre-palletized cargo, owned by defendant, fell on plaintiff, who was working on the string piece, as the draft was being lifted...

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