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MORTENSEN v. A/S GLITTRE

No. 495, Docket 28871.

348 F.2d 383 (1965)

Gustav MORTENSEN, Plaintiff, v. A/S GLITTRE, Defendant and Third-Party Plaintiff-Appellee, v. FEDERAL PAINT CO., Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 8, 1965.

Attorney(s) appearing for the Case

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

J. Ward O'Neill, New York City (Haight, Gardner, Poor & Havens, and Francis X. Byrn, New York City, on the brief), for third-party plaintiff-appellee.

Before MOORE and ANDERSON, Circuit Judges, and LEVET, District Judge.

ANDERSON, Circuit Judge:

On January 30, 1957 Federal Paint Co. sent Gustav Mortensen and a fellow worker named Kofoed to paint insignia on the funnel of m/s Ferngrove, owned by A/S Glittre, pursuant to an oral contract between Federal and the shipowner. Just aft of the funnel was a skylight transom with six hatches; and on either side of the funnel and just forward of the skylight were two ventilators.

As the two men returned from lunch at 11:30 A.M., Mortensen...

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