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KLEVELAND v. UNITED STATES

No. 430, Docket 28442.

345 F.2d 134 (1965)

Bjorn KLEVELAND, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee, v. AGMARINE CONTRACTING CO., Inc., Respondent-Impleaded.

United States Court of Appeals Second Circuit.

Decided May 11, 1965.

Attorney(s) appearing for the Case

Max Cohen, New York City (Benjamin B. Sterling, New York City, on the brief), for libelant-appellant.

Harry L. Hall, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Morton S. Hollander, Chief, Appellate Section, Civil Division, Dept. of Justice, Robert M. Morgenthau, U. S. Atty., S.D.N.Y., Louis E. Greco, Atty. in Charge, New York Office, Admiralty and Shipping Section, Dept. of Justice, Philip A. Berns, Atty., Admiralty and Shipping Section, Dept. of Justice, on the brief), for respondent-appellee.

Before WATERMAN, FRIENDLY and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Bjorn Kleveland, a ship cleaner employed by Agmarine Contracting Co., was injured on October 11, 1960, when he fell from a ladder — a rung of which had suddenly parted from the uprights — in No. 4 hold of the SS Thomas F. Meagher. This vessel was constructed in 1944. It was deactivated from service in 1952, and became a part of the Hudson River reserve or "moth ball" fleet of the United States Maritime Administration. The Meagher...

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