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GUARRACINO v. LUCKENBACH STEAMSHIP COMPANY

No. 463, Docket 28379.

333 F.2d 646 (1964)

Nicholas GUARRACINO, Libelant-Appellant, v. LUCKENBACH STEAMSHIP COMPANY, Inc., Respondent-Appellee and Third-Party Libelant as Cross-Appellant, v. TURNER & BLANCHARD, INC., Third-Party Respondent as Cross-Appellee. Louis NAPOLI, Libelant, v. LUCKENBACH STEAMSHIP COMPANY, Inc., Respondent-Appellant, v. TURNER & BLANCHARD, INC., Third-Party Respondent as Cross-Appellee.

United States Court of Appeals Second Circuit.

Decided June 5, 1964.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Solomon J. Cohen, New York City, on the brief), for libelant-appellant.

John J. Crowley, New York City (Burlingham Underwood Barron Wright & White, New York City, on the brief), for Luckenbach S.S. Co.

Patrick E. Gibbons, New York City (Terhune, Gibbons & Mulvehill, New York City, on the brief), for Turner & Blanchard.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Guarracino, a longshoreman employed by the stevedoring firm of Turner & Blanchard, Inc., was injured in a fall while attempting to climb from the hatch of a ship owned by the Luckenbach Steamship Co., Inc. He brought suit against Luckenbach, which impleaded Turner and Blanchard. This case and a companion case were consolidated for trial in the admiralty, diversity not being present. On trial to the court in the Southern District...

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