DENARO v. UNITED STATES

No. 25, Docket 28836.

337 F.2d 275 (1964)

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

United States Court of Appeals Second Circuit.

Decided October 16, 1964.


Attorney(s) appearing for the Case

Robert Klonsky, Brooklyn, N. Y. (DiCostanzo, Klonsky & Sergi, Brooklyn, on the brief), for libelant-appellant.

Harry L. Hall, Atty., Admiralty & Shipping Section, Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Leavenworth Colby, Chief, Admiralty & Shipping Section, Dept. of Justice, Joseph P. Hoey, U. S. Atty., Louis E. Greco, Atty. in Charge, New York Office, Admiralty & Shipping Section, Dept. of Justice on the brief), for respondent-appellee.

Joseph M. Costello, New York City (George J. Conway, New York City, on the brief), for third-party-respondent-appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.


PER CURIAM.

Denaro, together with other marine carpenters, went aboard the U.S.N.S. Lieutenant Robert Craig to chock, lash and otherwise secure the deck cargo. It started to rain and the men took cover. The rain stopped at about 7 P.M. and they commenced their work. At about 8 P.M. Denaro mounted a conex wooden box for the purpose of nailing chocks or capping at the edges of the box to protect it against the lashing that would secure the cargo. Once on top of the...

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