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SEVITS v. McKIERNAN-TERRY CORPORATION (NEW JERSEY)

No. 65 Civ. 1804.

270 F.Supp. 887 (1967)

Lloyd M. SEVITS, Plaintiff, v. McKIERNAN-TERRY CORPORATION (NEW JERSEY), M. T. Liquidation Corporation, Litton Systems, Inc., Litton Industries, Inc., Defendants. LITTON SYSTEMS, INC., Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. LITTON INDUSTRIES, INC., Defendant and Third-Party Plaintiff, v. M. T. LIQUIDATION CORPORATION, McKiernan-Terry Corporation (New Jersey), United States of America, Third-Party Defendants.

United States District Court S. D. New York.

July 14, 1967.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City, for defendants McKiernan-Terry Corp. (New Jersey) and M. T. Liquidation Corp., William R. Meagher, Barry H. Garfinkel, Blaine V. Fogg, New York City, of counsel.

Lilly, Sullivan & Purcell, New York City, for plaintiff, George W. Sullivan, New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant Litton Systems, Inc., Philip D. Pakula, W. Wright Danenbarger, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Louis E. Greco, Atty. in Charge, Admiralty and Shipping Section, Dept. of Justice, New York City, for third-party defendant, Philip A. Berns, New York City, of counsel.

OPINION

BRYAN, District Judge:

This is a diversity action to recover damages for personal injuries.

Plaintiff was seriously injured on August 19, 1963, while serving in the United States Navy aboard the aircraft carrier U.S.S. Constellation when he was struck in the legs by an arresting cable used for landing planes. Plaintiff alleges that the cable came loose due to the failure of an arresting engine or brake manufactured by the McKiernan-Terry...

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