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RASKIN v. P. D. MARCHESSINI, INC.

No. 460, Docket 31718.

437 F.2d 563 (1971)

Sidney L. RASKIN, Executor of the Estate of Margaret Curry, deceased, Plaintiff-Appellant, v. P. D. MARCHESSINI, INC., P. D. Marchessini & Co., Ltd., (also operating as P. D. Marchessini & Co., New York, Inc.), Defendants and Third-Party Plaintiffs-Appellees, v. ATLANTIC STEVEDORING CO., Inc., Third-Party Defendant-Appellee, and Liberty Mutual Insurance Company, Applicant for Intervenor.

United States Court of Appeals, Second Circuit.

Decided February 26, 1971.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff-appellant.

Alvin L. Stern, New York City (Poles, Tublin, Patestides & Stratakis, New York City, on the brief), for defendants and third-party plaintiffs-appellees.

John Nielsen, Fogarty & Nielsen, New York City, for third-party defendant-appellee.

Before LUMBARD, Chief Judge, MEDINA and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge:

On October 30, 1961 William Curry, a longshoreman engaged in the loading operation of the S.S. Eurylochus in the territorial waters of the State of Georgia, died as a result of injuries allegedly received when a broken band on a piece of cargo caught in his trousers, lifted him into the air and swung his body against the side of the vessel. On March 3, 1964 this action was brought against the shipowner by "Margaret Curry, as Administratrix of...

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