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LOPEZ v. OLDENDORF

Nos. 162-164, Dockets 76-7208, 76-7211 and 76-7212.

545 F.2d 836 (1976)

Benito LOPEZ, Plaintiff-Appellee, v. Egan OLDENDORF, Defendant and Third-Party Plaintiff-Appellant and Appellee, International Terminal Operating Co., Inc., and Hoffman Rigging and Crane Service, Inc., Third Party Defendants-Appellants and Appellees. Benito LOPEZ, Plaintiff-Appellee, v. Egan OLDENDORF and Hoffman Rigging & Crane Service, Inc., Defendants-Appellants and Appellees.

United States Court of Appeals, Second Circuit.

Decided December 9, 1976.

Attorney(s) appearing for the Case

Robert Klonsky, Brooklyn, N.Y. (DiCostanzo, Klonsky & Cutrona, Brooklyn, N.Y.), for plaintiff-appellee.

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

Joseph A. Cohen, New York City (Alexander, Ash, Schwartz & Cohen, New York City, Sidney A. Schwartz, New York City, of counsel), for third party defendant-appellant and appellee.

Robert S. Blanc, New York City (Hill, Betts & Nash, New York City), for third party defendant-appellant and appellee.

Before WATERMAN and MULLIGAN, Circuit Judges, and POLLACK, District Judge.

MULLIGAN, Circuit Judge.

On October 21, 1968, International Terminal Operating Co., Inc. (ITO), a stevedoring company, and Hoffman Rigging & Crane Service, Inc. (Hoffman), the owner and operator of a shoreside crane hired by ITO, were engaged in unloading a cargo of steel beams from the M/V Jobst Oldendorf, a vessel owned by Egan Oldendorf. The vessel was tied up with her portside inshore and her starboard side offshore. Prior to the arrival of the longshoremen...

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