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CALDERONE v. NAVIERA VACUBA S/A

No. 48, Docket 27689.

328 F.2d 578 (1964)

Salvatore CALDERONE, Plaintiff-Appellee, v. NAVIERA VACUBA S/A and Republica de Cuba, Defendants. NAVIERA VACUBA S/A, Defendant and Third-Party Plaintiff-Appellee, v. MAHER STEVEDORING CO., Inc., Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 17, 1964.

Attorney(s) appearing for the Case

Hanlon & Dawe, Alexander, Ash & Schwartz, New York City (Sidney A. Schwartz, New York City, of counsel), for Maher Stevedoring.

Kirlin, Campbell & Keating, New York City (Matthew L. Danahar and Charles N. Fiddler, New York City, of counsel), for Naviera Vacuba.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM.

Cross-petitions by Maher Stevedoring Co., Inc., third-party defendant-appellant, and Naviera Vacuba S/A, third-party plaintiff-appellee, for rehearing, modification and clarification. Both petitions granted.

Maher asks that the court reconsider its allowance of appellate counsel fees to the shipowner, Naviera Vacuba S/A because, Naviera, having withdrawn its appeal from plaintiff's judgment against it, was solely concerned on appeal with its claim...

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