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BARNETT v. HOWALDT

Nos. 667, 668, Dockets 84-7581, 84-7583.

757 F.2d 23 (1985)

Jeffrey BARNETT, William C. Parker and Linwood Jones, Plaintiffs-Appellants, v. Bernhard HOWALDT, Seereederei Howaldt, Barber Steamship Line, Inc., and John Doe, said being fictitious, the true identity of said person being presently unknown, Seereederei Howaldt, D.G., S.S. EDITA, Barber Lines, Inc., John Doe 1 Inc. and John Doe 2 Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 6, 1985.

Attorney(s) appearing for the Case

Martin Lassoff, New York City (Morris Cizner, Zimmerman & Zimmerman, New York City, on brief), for plaintiffs-appellants Parker and Jones.

George J. Duffy, Hoboken, N.J., for plaintiff-appellant Barnett, joined in the argument of plaintiffs-appellants Parker and Jones.

R. Alexander Hulten, New York City, for defendants-appellees Bernhard Howaldt and Seereederei Howaldt.

John M. Toriello, New York City (Francis X. Byrn, Haight, Gardner, Poor & Havens, New York City, on brief), for defendant-appellee Barber Steamship Lines, Inc.

Before NEWMAN, KEARSE and PRATT, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiffs-longshoremen Jeffrey Barnett, William C. Parker, and Linwood Jones appeal from a judgment of the United States District Court for the Southern District of New York, Whitman Knapp, Judge, dismissing their complaint in these consolidated actions to recover damages from defendants shipowner and time charterer for personal injuries allegedly sustained aboard the S.S. EDITA, as a result of the collapse of one of the vessel's cargo...

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