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ZAPICO v. BUCYRUS-ERIE CO.

No. 664, Docket 77-7533.

579 F.2d 714 (1978)

Celia ZAPICO et al., Plaintiffs, v. BUCYRUS-ERIE CO., Defendant and Third-Party Plaintiff-Appellee, v. ATLANTIC CONTAINER LINE, LTD., Third-Party Defendant-Appellant, and Antonio Fuet, Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided June 15, 1978.

Attorney(s) appearing for the Case

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

George R. Hardin, New York City (Neil Reiseman, Douglas R. Kleinfeld and Conway, Reiseman, Michals, Wahl, Bumgardner & Hurley, Newark, N. J., of counsel), for defendant and third party plaintiff-appellee, Bucyrus-Erie Co.

Thomas D. Wilcox, Washington, D. C. (William M. Kimball and Burlingham, Underwood & Lord, New York City, Martin J. McHugh and McHugh, Heckman Smith & Leonard, New York City, of counsel), for National Association of Stevedores, amicus curiae.

Before FRIENDLY, GURFEIN and MESKILL, Circuit Judges.

FRIENDLY, Circuit Judge:

The Longshoremen's and Harbor Workers' Compensation Act (LHWCA), as amended in 1972, P.L. 92-576, cuts off the right of a vessel to recover from a concurrently negligent stevedoring company a judgment paid by the vessel to a longshoreman employed by the stevedore in a personal injury suit against the vessel, 33 U.S.C. § 905(b). The 1972 amendments did not, however, deal expressly with such third party actions against stevedores by plaintiffs...

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