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NORFLEET v. ISTHMIAN LINES, INC.

Nos. 7-8, Dockets 29433 and 29434.

355 F.2d 359 (1966)

William NORFLEET and David Lane, Plaintiffs-Appellants, v. ISTHMIAN LINES, INC., Defendant-Appellee. ISTHMIAN LINES, INC., Defendant and Third-Party Plaintiff, v. WHITEHALL TERMINAL CORPORATION, Third-Party Defendant.

United States Court of Appeals Second Circuit.

Decided January 6, 1966.

Attorney(s) appearing for the Case

Richard L. Fisch, New York City (Fisch & Kaplan, New York City, on the brief), for appellants.

Daniel J. Dougherty, New York City (Kirlin, Campbell & Keating, New York City, on the brief; Robert C. Mirone, New York City, of counsel), for appellees.

Before WATERMAN and MOORE, Circuit Judges, and TYLER, District Judge.

TYLER, District Judge.

William Norfleet and David Lane appeal from an adverse judgment in the United States District Court for the Southern District of New York after the jury returned a verdict in favor of the Isthmian Lines, Inc. Because of certain erroneous and confusing instructions given by the trial judge at the instance of counsel for the appellee, we reverse and remand for a new trial.

On December 16, 1958, appellants, longshoremen employed by the...

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