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SPEARING v. MANHATTAN OIL TRANSPORTATION CORPORATION

No. 69 Civ. 484.

375 F.Supp. 764 (1974)

James R. SPEARING, Plaintiff, v. MANHATTAN OIL TRANSPORTATION CORPORATION, Defendant and Third-Party Plaintiff. HUDSON TANK STORAGE COMPANY, Defendant, v. HUDSON TANK STORAGE COMPANY, Third-Party Defendant.

United States District Court, S. D. New York.

April 15, 1974.

Attorney(s) appearing for the Case

Sylvia Miller, New York City, for plaintiff; Chester A. Hahn, New York City, of counsel.

Alexander, Ash, Schwartz & Cohen, New York City, for Manhattan Oil Transp. Corp.; Sidney A. Schwartz, Irwin H. Haut, New York City, of counsel.

Hill, Betts & Nash, New York City, for Hudson Tank Storage Co.; Robert S. Blanc, New York City, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEVET, District Judge.

Plaintiff James R. Spearing (hereinafter "Spearing") commenced this action against Manhattan Oil Transportation Corporation (hereinafter "Manhattan") and Hudson Tank Storage Company (hereinafter "Hudson"). Plaintiff's complaint1 alleged the following: That on September 10, 1968 Spearing was a seaman aboard Manhattan's barge, the Betty K; that the Betty K...

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