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MISTRETTA v. S. S. OCEAN EVELYN

No. 63-A-1224.

243 F.Supp. 86 (1964)

Salvatore MISTRETTA, Libelant, v. S. S. OCEAN EVELYN, her engines, hull, tackle, cargo and her appurtenances thereof, Ocean Transportation Co., Inc., and Maritime Overseas Corp., Respondents, v. The UNITED STATES of America, American Stevedores, Inc., Respondents-Impleaded.

United States District Court E. D. New York.

August 24, 1964.

Attorney(s) appearing for the Case

Solomon J. Cohen, New York City, for libelant; Ernest Rassner, New York City, of counsel.

Pyne, Smith & Wilson, New York City, for respondent Ocean Transportation Co., Inc.; Walter L. Hopkins, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., for United States of America; Louis E. Greco, David B. Brooks, New York City, of counsel.

Alexander, Ash & Schwartz, New York City, for American Stevedores; Alan H. Buchsbaum, New York City, of counsel.

ROSLING, District Judge.

Motion of respondent Ocean Transportation Co. (Ocean) for summary judgment in its favor and against libelant (Mistretta) dismissing the libel pursuant to Rule 58(b) of the Rules of Practice in Admiralty and Maritime Cases (Admiralty Rules) is denied. Cross-motion of libelant for summary judgment in favor of libelant and against Ocean on the issue of liability, and setting the action for trial for assessment of damages is likewise denied.<...

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