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CONCEICAO v. NEW JERSEY EXPORT MAR. CARPENTERS, INC.

No. 66, Docket 74-1344.

508 F.2d 437 (1974)

Joaquim CONCEICAO, Plaintiff-Appellee, v. NEW JERSEY EXPORT MARINE CARPENTERS, INC., Defendant and Third-Party Plaintiff-Appellee. Cia. De Nav. Mar. NETUMAR, Defendant and Third-Party Plaintiff-Appellant, v. INTERNATIONAL TERMINAL OPERATING CO., INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1974.

Certiorari Denied April 28, 1975.

Attorney(s) appearing for the Case

George J. Duffy, Hoboken, N. J. (Baker, Garber, Duffy & Baker, Hoboken, N. J., on the brief), for plaintiff-appellee.

William F. Larkin, New York City (Larkin, Wrenn & Cumisky, New York City, of counsel to Coppola & D'Onofrio, New York City, on the brief), for defendant and third-party plaintiff-appellee.

Victor S. Cichanowicz, New York City (Cichanowicz & Callan, New York City, on the brief), for defendant and third-party plaintiff-appellant.

Albert V. Testa, New York City (Sidney A. Schwartz and Alexander, Ash, Schwartz & Cohen, New York City, on the brief), for third-party defendant-appellee.

Before MEDINA, FRIENDLY and GURFEIN, Circuit Judges.

Certiorari Denied April 28, 1975. See 95 S.Ct. 1680.

MEDINA, Circuit Judge:

The SS Mosqueiro sailed from Pier 36, East River, New York City on her overseas voyage on November 5, 1970. That morning the task of loading and stowage was nearing completion and the parties to this appeal were performing or failing to perform their respective functions in connection with the removal from a lighter, moored to the offshore or port side of the vessel, of a large quantity...

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