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BONCICH v. M. P. HOWLETT, INC.

Nos. 74 C 1837, 75 C 394 and 75 C 1039.

421 F.Supp. 1300 (1976)

Regina BONCICH, Administratrix of the Estate of John Boncich, Deceased, Plaintiff, v. M. P. HOWLETT, INC. and American Chain & Cable Company, Inc., Defendants. Complaint of M. P. HOWLETT, INC., Plaintiff, as owner of the BARGE M. P. HOWLETT # 19, in a cause of Exoneration from or Limitation of Liability. BALTIC STEAMSHIP COMPANY, Plaintiff, v. INTERNATIONAL TERMINAL & OPERATING COMPANY, INC., and American Chain and Cable Company, Inc., Defendants.

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

Corrected in Supplemental Mem. and Order November 11, 1976.

Attorney(s) appearing for the Case

Alexander, Ash, Schwartz & Cohen, New York City, for defendant Am. Chain & Cable.

Kreindler & Kreindler, New York City, for plaintiff Boncich; Paul Edelman, New York City, of counsel.

Macklin, Hanan & McKernan, Hyde, Dickerson & Reilly, New York City, for defendant Howlett; Charles Tomaselli, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City by Richard Licata, New York City, of counsel, for plaintiff Baltic.

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for defendant and third party plaintiff I.T.O.; Robert E. Daley, New York City, of counsel.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge.

PRELIMINARY STATEMENT

On March 5, 1974, the floating steel barge M. P. HOWLETT # 19 was engaged in loading and unloading cargo containers from the Soviet vessel m/v NOVOLVOVSK at a Brooklyn, New York pier. At about 5:30 P.M. a topping lift cable of the barge's crane parted and the boom fell to the deck of the barge. After the incident, two longshoremen, John Boncich and Frank Mignano, employees...

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