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D'AMICO v. LLOYD BRASILEIRO PATRINONIC NATIONALE

No. 94, Docket 29870.

354 F.2d 33 (1965)

Salvatore D'AMICO, Plaintiff-Appellee, v. LLOYD BRASILEIRO PATRINONIC NATIONALE, Defendant and Third-Party Plaintiff-Appellant, v. AMERICAN STEVEDORES, INC., Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 22, 1965.

Attorney(s) appearing for the Case

Paul C. Matthews, Jr., New York City (Paul C. Matthews, New York City, on the brief), for plaintiff-appellee.

William F. Larkin, New York City (Schaffner & Furey, New York City, on the brief), for defendant and third-party plaintiff-appellant.

John F. X. McKiernan, New York City (George J. Conway, New York City, on the brief), for third-party defendant-appellee.

Before LUMBARD, Chief Judge and MEDINA and SMITH, Circuit Judges.

MEDINA, Circuit Judge:

Salvatore D'Amico, a winchman working aboard the S.S. Loide Canada, was injured on May 16, 1961 when the rope holding a large rain tent parted and the tent fell, pinning D'Amico against the hatch coaming. After a trial to court and jury, Judge Cooper directed a verdict against Lloyd Brasileiro Patrinonic Nationale, the shipowner, on the issue of unseaworthiness and dismissed the shipowner's cross-claim...

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