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PENORO v. REDERI A/B DISA

No. 345, Docket 30911.

376 F.2d 125 (1967)

Bernardo PENORO, Plaintiff, v. REDERI A/B DISA and VESSEL DISA, her motors, engines, boilers, gear and tackles, Defendants. REDERI A/B DISA, Defendant and Third-Party Plaintiff-Appellant, v. CUNARD STEAMSHIP COMPANY, Ltd., Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 3, 1967.

Attorney(s) appearing for the Case

William P. Kain, Jr., New York City (Haight, Gardner, Poor & Havens and Thomas F. Molanphy, New York City, on the brief), for defendant and third-party plaintiff-appellant.

John W. Castles, 3d, New York City (Lord, Day & Lord, William J. Brennan, and Roger C. Ravel, New York City, on the brief), for third-party defendant-appellee.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.

ANDERSON, Circuit Judge:

On October 14, 1963, Bernardo Penoro, a longshoreman employed by appellee, Cunard Steamship Company, Ltd., was seriously injured while unloading a ship owned by appellant, Rederi A/B Disa, in New York harbor. On May 15, 1964, Penoro commenced suit for $100,000 against Rederi as shipowner. On June 23, 1965, Rederi, alleging that Penoro's injuries had been caused by the fault of Cunard, moved to implead...

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