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SHEEHAN v. MOORE-McCORMACK LINES, INC.

Nos. 487, 488, Dockets 35140, 35248.

441 F.2d 360 (1971)

Philip SHEEHAN, Plaintiff-Appellant, v. MOORE-McCORMACK LINES, INC., Defendant-Appellee, v. JOHN W. McGRATH CORPORATION, Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 22, 1971.

Attorney(s) appearing for the Case

Robert Klonsky, Brooklyn, N. Y. (Di Costanzo, Klonsky & Cutrona, Brooklyn, N. Y., on the brief), for plaintiff-appellant.

James M. Leonard, New York City (Joseph F. McGoldrick, New York City, on the brief), for third-party defendant-appellant.

W. Shelby Coates, Jr., New York City (Browne, Hyde & Dickerson, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

On February 20, 1964 plaintiff-appellant, Philip Sheehan, was employed by the John W. McGrath Corporation (McGrath), third-party defendant-appellant, as a member of a longshoreman extra labor force working on the pier at the 23rd Street terminal of defendant, Moore-McCormack Lines, Inc. (Moore-McCormack), owner of the S.S. Mormacteal, which at that time was made fast at the middle berth on the south side of the pier. Moore-McCormack had contracted...

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