AVENA v. CLAUSS & CO.

Nos. 1079, 1226, Dockets 73-2787, 74-1016.

504 F.2d 469 (1974)

Daniel AVENA, Plaintiff-Appellant, v. CLAUSS & CO., Defendant and Third-Party Plaintiff-Appellee, v. MAUDE JAMES, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 1, 1974.


Attorney(s) appearing for the Case

James David Auslander, New York City (Zimmerman & Zimmerman, New York City, on the brief), for plaintiff-appellant.

William M. Kimball, New York City (Burlingham, Underwood & Lord, New York City, on the brief), for defendant and third-party plaintiff-appellee.

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

Before MOORE and FEINBERG, Circuit Judges, and PALMIERI, District Judge.


FEINBERG, Circuit Judge:

Plaintiff Daniel J. Avena, a longshoreman employed by Maude James, Inc. (the stevedore), was allegedly injured aboard the S.S. Gronnebek, owned by Clauss & Co. (the shipowner) in July 1967. In March 1970, plaintiff sued defendant shipowner; the latter impleaded the stevedore as third-party defendant. In October 1973, the case was tried in the United States District Court for the Southern District of New York before Charles L. Brieant,...

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