McNAMARA v. WEICHSEL DAMPFSCHIFFFAHRTS AG KIEL, GERMANY

No. 55, Docket 28934.

339 F.2d 475 (1964)

James P. McNAMARA, Plaintiff, v. WEICHSEL DAMPFSCHIFFFAHRTS AG KIEL, GERMANY, Defendant and Third-Party Plaintiff-Appellee, and Montship Lines Ltd., Defendant, v. PITTSTON STEVEDORING CORP., Third-Party Defendant and Fourth-Party Plaintiff-Appellant, v. MONTSHIP LINES LTD., Fourth-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 21, 1964.


Attorney(s) appearing for the Case

Fenton F. Harrison, Buffalo, N. Y. (Coffey, Heffernan & Harrison, Buffalo, N. Y., on the brief), for Weichsel, appellee.

J. Edmund DeCastro, Jr., Buffalo, N. Y. (Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y., on the brief), for Pittston Stevedoring, appellant.

Warren A. Jackman, Chicago, Ill. (Bradley, Pipin, Vetter, Eaton & Jackman, Chicago, Ill., on the brief), for Montship Lines, appellee.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.


LUMBARD, Chief Judge.

For the second time, Pittston Stevedoring Corp., the third-party defendant in this case, appeals to us to reverse a judgment against it in favor of Weichsel Dampfschifffahrts AG Kiel, Germany, the defendant and third-party plaintiff. The initial action was brought in the Western District of New York by a longshoreman, James P. McNamara, against Weichsel, owner of the M/V Suderholm, which McNamara was unloading at the time of his injury on July...

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