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MISURELLA v. ISTHMIAN LINES, INC.

No. 215, Docket 28350.

328 F.2d 40 (1964)

Frederick MISURELLA, Plaintiff-Appellee, v. ISTHMIAN LINES, INC., Defendant and Third-Party Plaintiff-Appellee, v. INTERNATIONAL TERMINAL OPERATING CO., Inc., Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 24, 1964.

Attorney(s) appearing for the Case

Harvey M. Jasper, New York City (Ezekiel Jasper, New York City, on the brief), for plaintiff-appellee.

Thomas Coyne, New York City (Kirlin, Campbell & Keating, New York City, on the brief), for defendant and third-party plaintiff-appellee.

Joseph Arthur Cohen, New York City (Sidney A. Schwartz, and Alexander, Ash & Schwartz, New York City, on the brief), for third-party defendant-appellant.

Before CLARK, SMITH and HAYS, Circuit Judges.

SMITH, Circuit Judge.

Third party defendant-appellant, a stevedore, appeals from a judgment over in favor of a shipowner held liable to a longshoreman employee of appellant, injured while working in the ship's hold. The plaintiff and a fellow worker were operating gasoline powered hi-los in a hatch from which the covers had been only partially removed. There were two ship's ventilating systems, one merely a vent opening some fifty feet up the kingpost, the other a...

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