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FERNANDEZ v. CHIOS SHIPPING CO., LTD.

Nos. 1090, 1093, 1216-1218, Dockets 75-7465, 76-7066, 76-7071, 76-7078 and 76-7079.

542 F.2d 145 (1976)

Jose FERNANDEZ, Plaintiff, v. CHIOS SHIPPING CO., LTD., Defendant and Third-Party Plaintiff-Appellee, v. MAHER STEVEDORING COMPANY, INC., and States Marine Lines, Inc., Third-Party Defendant-Appellants. CHIOS SHIPPING CO., LTD., Fourth Party Plaintiff-Appellee, v. CASTLE & COOK, INC., et al., Fourth Party Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 16, 1976.

Attorney(s) appearing for the Case

Edwin K. Reid, New York City (Zock Petrie, Reid, Curtin & Byrnes, New York City, of counsel), for defendant and third and fourth-party plaintiff-appellee, Chios Shipping Co., Ltd.

James M. Kenny, New York City (McHugh, Heckman, Smith & Leonard, New York City, of counsel), for third-party defendant-appellant, Maher Stevedoring Co., Inc.

William P. Larsen, Jr., New York City (Boal, Doti & Larsen, New York City, of counsel), for third party defendant-appellee, States Marine Lines, Inc.

Patrick L. Wynne, New York City (Joseph Edward Brady, Fogarty & Wynne, New York City, of counsel), for fourth-party defendants-appellants Castle & Cook, Inc., Dole Corp., and Castle & Cook Foods Corp.

Before HAYS, MULLIGAN and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

The issues raised on this admiralty appeal stem not from the injured longshoreman's quest for damages but from the subsequent contest among four other parties to shift the burden of indemnification for his recovery.

On September 1, 1968, employees of Maher Stevedoring Company, Inc. ("Stevedore"), plaintiff Fernandez among them, were unloading a cargo of "pre-palletized" units of pineapples from the # 3 hold of the SS Chios. A "pre-palletized...

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