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DiBELLO v. REDERI A/B SVENSKA LLOYD

No. 297, Docket 30794.

371 F.2d 559 (1967)

Peter DiBELLO, Appellant, v. REDERI A/B SVENSKA LLOYD, Appellee-Appellant, v. JOHN W. McGRATH CORPORATION, Appellee.

United States Court of Appeals Second Circuit.

Decided January 19, 1967.

Attorney(s) appearing for the Case

Richard L. Fisch, Fisch, Kaplan & Goldman, New York City, for appellant.

William P. Kain, Jr., New York City (Joseph V. Fleming, Haight, Gardner, Poor & Havens, New York City, on the brief), for appellee-appellant.

Martin J. McHugh, McHugh & Leonard, New York City (Joseph F. McGoldrick, New York City, on the brief), for appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Peter DiBello (appellant), a longshoreman, employed by the McGrath Corporation (McGrath), a stevedoring concern, was injured in the course of his work when he fell from a vertical steel ladder on board the M/S Iberia, owned by Rederi A/B Svenska Lloyd (Rederi). Appellant sued the shipowner to recover for his personal injuries, and Rederi filed a third party complaint against McGrath.

At the trial, DiBello contended that the...

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