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ZAPICO v. BUCYRUS-ERIE CO.

No. 74 Civ. 2189.

434 F.Supp. 567 (1977)

Celia ZAPICO, Individually, as the wife of Joseph Zapico, Deceased, and on behalf of Angel Zapico, Victor Zapico, Hortensia Zapico, Celia Zapico and Joseph Zapico, children of Joseph Zapico, Deceased, and Adolfo Millan, Plaintiffs, v. BUCYRUS-ERIE CO., Defendant and Third-Party Plaintiff, v. ATLANTIC CONTAINER LINE, LTD., and Antonio Fuet, Third-Party Defendants.

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

July 18, 1977.

Attorney(s) appearing for the Case

DiCostanzo, Klonsky & Cutrona, P.C. by Robert Klonsky, Brooklyn, N. Y., for plaintiffs.

Conway, Reiseman, Michals & Wahl by Neil Reiseman, Newark, N. J., for defendant.

Alexander, Ash, Schwartz & Cohen by Joseph Arthur Cohen, New York City, for third party defendants.

OWEN, District Judge.

The major question presented by the various post-trial motions1 is whether third-party defendant Atlantic Container Lines (ACL), a stevedore, enjoys immunity from liability to a truck-crane manufacturer, Bucyrus-Erie Co., the defendant, third-party plaintiff, under 33 U.S.C. § 905 for its proportion of fault, as found by the jury, for the injury to its [ACL's] employee Adolfo Millan and death of its employee...

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