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APONTE v. MARITIME OVERSEAS CORPORATION

No. 60 Civ. 2358.

300 F.Supp. 1075 (1969)

Victor APONTE, Plaintiff, v. MARITIME OVERSEAS CORPORATION and Torm Dampskibsselskabet A/S, Defendants. DAMPSKIBSSELSKABET TORM A/S, Third-Party Plaintiff, v. UNIVERSAL TERMINAL AND STEVEDORING CORPORATION, Third-Party Defendant, Ecuadorian Fruit Import Corporation, Third-Party Defendant, and Overseas Fruit Carriers, Inc., Third-Party Defendant. ECUADORIAN FRUIT IMPORT CORPORATION, Third-Party Defendant and Fourth-Party Plaintiff, v. SEALAND DOCK & TERMINAL STEVEDORING CO., Fourth-Party Defendant.

United States District Court S. D. New York.

June 30, 1969.

Attorney(s) appearing for the Case

Thomas F. Meagher, New York City, Guardian Ad Litem for plaintiff.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Atty. for U. S. Dept. of Labor, Bureau of Employees Compensation, by, Richard S. Rudick, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for the State Dept. of Mental Hygiene, and the Pilgrim State Hospital, by, Morton H. Meyer, Sr. Atty., New York City, of counsel.

J. Lee Rankin, New York City, for the City of New York, Dept. of Social Services and Dept. of Hospitals, by, Samuel Felder, New York City, Sidney Boxer, Peekskill, and Anthony Dallacasa, Brooklyn, of counsel.

MEMORANDUM

POLLACK, District Judge.

This is an application to determine the priority of payment to be accorded to various liens against a $10,000 fund created herein by settlement of this action.

The plaintiff is an incompetent presently in a State mental institution. The application is made by his guardian ad litem appointed herein by order of this Court for the sole purpose of effecting and distributing the proceeds of the settlement. The claims...

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