SCHWARTZ v. COMPAGNIE GENERAL TRANSATLANTIQUE

No. 162, Docket 32648.

405 F.2d 270 (1968)

Robert J. SCHWARTZ, Plaintiff, v. COMPAGNIE GENERAL TRANSATLANTIQUE, Defendant and Third-Party Plaintiff-Appellant, v. The UNITED STATES of America, DEPARTMENT OF JUSTICE, BUREAU OF IMMIGRATION AND NATURALIZATION SERVICE, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 11, 1968.


Attorney(s) appearing for the Case

Thomas H. Healy, New York City (Hill, Betts, Yamaoka, Freehill & Longcope, New York City, on the brief), for defendant and third-party plaintiff-appellant.

Peter Martin Klein, Atty., Admiralty and Shipping Section, Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., Louis E. Greco, Atty. in Charge, New York Office, Admiralty and Shipping Section, Dept. of Justice, on the brief), for third-party defendant-appellee.

Before WATERMAN and FEINBERG, Circuit Judges, and LEVET, District Judge.


LEVET, District Judge:

Compagnie General Transatlantique (hereinafter "French Line") has appealed from a judgment by Metzner, D. J., dismissing upon motion a third party claim of the French Line against the third-party defendant, United States of America. We affirm.

THE PRIMARY ACTION

The primary action is a claim made by plaintiff, Robert Schwartz, an Immigration inspector employed by the United States, who alleged that on October 28, 1964 he suffered...

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