SCOTTO v. REDERI A/B FREDERIKA

No. 62 Civ. 2974.

258 F.Supp. 771 (1966)

Luigi SCOTTO, Libelant, v. REDERI A/B FREDERIKA, Respondent-Petitioner, v. INTERNATIONAL TERMINAL OPERATING CO., Inc., Respondent-Impleaded.

United States District Court S. D. New York.

March 18, 1966.


Attorney(s) appearing for the Case

Alfred F. Muscio, Brooklyn, for plaintiff.

Haight, Gardner, Poor & Havens, New York City (Joseph V. Fleming, New York City, of counsel), for defendant and third-party plaintiff.

Alexander, Ash & Schwartz, New York City, for third-party defendant.


THOMAS F. MURPHY, District Judge.

Although this action by a longshoreman was brought on the theory of diversity, the plaintiff, at the beginning of trial, asked that it be considered a proceeding in admiralty and we agreed.

It involves a rather trifling injury and we suppose that plaintiff's lawyer was fearful that it might be dismissed because of the obvious failure to come within the monetary jurisdiction. It was also agreed that the issue of counsel fees...

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