RAPISARDI v. UNITED FRUIT COMPANY

Nos. 369, 370, Dockets 33845, 33925.

441 F.2d 1308 (1971)

Salvatore RAPISARDI, Plaintiff-Appellee, v. UNITED FRUIT COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. SAM BARBARA CO., Inc., Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 21, 1971.


Attorney(s) appearing for the Case

Alvin I. Apfelberg, New York City, for appellee.

William M. Kimball, John G. Ingram, Burlingham, Underwood, Wright, White & Lord, New York City, for United Fruit Co.

Raymond C. Green, Herbert Lasky, New York City, for Sam Barbara.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.


WATERMAN, Circuit Judge:

In this action against the United Fruit Company, owner of the vessel S.S. FRA BERLANGA, plaintiff, a wood butcher1 employed by the third-party defendant Sam Barbara & Company (Barbara), alleged in his complaint that while he was in the course of his employment upon the vessel he had suffered physical injury and consequential loss as the result of the shipowner's negligence and the vessel's unseaworthiness....

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