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PISANO v. S.S. BENNY SKOU

No. 318, Docket 29112.

346 F.2d 993 (1965)

Benjamin PISANO, Libellant-Appellant, v. The S.S. BENNY SKOU, her engines, boiler, tackle, etc., in rem, and Ove Skou, D/S Ove Skou, A/S & D/S af 1937 A/S, Respondent-Petitioner-Appellee, v. JOHN T. CLARK & SON, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided June 7, 1965.

Attorney(s) appearing for the Case

Harvey Goldstein, New York City (Alvin I. Apfelberg, New York City, of counsel; Goldstein & Sterenfeld, New York City, on the brief), for libellant-appellant.

David P. H. Watson, New York City (Haight, Gardner, Poor & Havens, Robert K. Marzik, New York City, of counsel), for respondent-petitioner-appellee.

Joseph Arthur Cohen, New York City (Alexander, Ash & Schwartz, Sidney A. Schwartz, New York City, of counsel), for respondent-impleaded-appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Libellant, Benjamin Pisano, appeals from a decree dismissing his action for personal injuries against the S.S. Benny Skou, in rem and Ove Skou, the shipowner.

Pisano was employed by Clark, a stevedoring firm engaged by Ove Skou, the owner of the "Benny Skou," which was berthed at Pier 51, North River. On July 22, 1960, Pisano was on board the Benny Skou in charge of a gang of three longshoremen loading cargo at #5 hatch. In the...

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