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NOBLE v. LEHIGH VALLEY RAILROAD CO.

No. 245, Docket 31820.

388 F.2d 532 (1968)

Joseph NOBLE, Plaintiff-Appellant, v. LEHIGH VALLEY RAILROAD CO., and Hellenic Lines, Ltd., Respondents. HELLENIC LINES, LTD., Third-Party Plaintiff, v. PITTSTON STEVEDORING CORP., Third-Party Defendant. LEHIGH VALLEY RAILROAD CO., Third-Party Plaintiff, v. WILLIAM SPENCER & SON CORP. and Pittston Stevedoring Corp., Third-Party Defendants.

United States Court of Appeals Second Circuit.

Decided January 23, 1968.

Attorney(s) appearing for the Case

Jack Steinman, Brooklyn, N. Y. (Santagata & Santagata, Brooklyn, N. Y., Benjamin J. Sergi, Brooklyn, N. Y., of counsel), for appellant.

Edwin K. Reid, New York City (Zock, Petrie, Sheneman & Reid, New York City; Howard M. McCormack, New York City, of counsel), for Hellenic Lines, Ltd.

Alan H. Buchsbaum, New York City (Alexander, Ash & Schwartz, New York City; Sidney A. Schwartz, New York City, of counsel), for Pittston Stevedoring Corp.

Timothy V. Smith, New York City, for Lehigh Valley R. Co.

Before LUMBARD, Chief Judge, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

Noble, a longshoreman employed by Pittston Stevedoring Corporation, was injured in the course of the loading of cargo from a lighter owned by the Lehigh Valley Railroad to the S.S. Hellenic Sailor owned by Hellenic Lines, Ltd. Alleging diverse citizenship, he brought this action in the District Court for the Eastern District of New York against the two owners to recover for breach of their warranties...

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