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PURNELL v. NORNED SHIPPING B.V.

Nos. 85-1507 to 85-1510.

801 F.2d 152 (1986)

PURNELL, Odessa, As the Administratrix of the Estate of Wise, Larry McKinley, Deceased v. NORNED SHIPPING B.V. and Chesapeake Trading Corporation v. WILMINGTON STEVEDORES and City of Wilmington, (Third Party Defendants). Appeal of WILMINGTON STEVEDORES, INC. PURNELL, Odessa, As the Administratrix of the Estate of Wise, Larry McKinley, Deceased v. WILMINGTON STEVEDORES, INC. Chesapeake Trading Corporation v. CITY OF WILMINGTON and Norned Shipping B.V., (Third-Party Defendants). Appeal of WILMINGTON STEVEDORES, INC. GIST, Brenda, As the Administratrix of the Estate of William Martin Gist, Deceased v. NORNED SHIPPING B.V. v. WILMINGTON STEVEDORES and City of Wilmington. Appeal of WILMINGTON STEVEDORES, INC. GIST, Brenda, As the Administratrix of the Estate of Gist, William Martin, Deceased v. WILMINGTON STEVEDORES, INC. v. CITY OF WILMINGTON and Norned Shipping B.V. and Chesapeake Trading Corporation. Appeal of WILMINGTON STEVEDORES, INC.

United States Court of Appeals, Third Circuit.

Decided September 17, 1986.

Rehearing Denied October 31, 1986.

Attorney(s) appearing for the Case

James W. Johnson (argued), White & Williams, Philadelphia, Pa., for appellant.

Jeffrey S. Goddess (argued), Saul, Ewing, Remick & Saul, Wilmington, Del., for appellee.

Before SLOVITER and STAPLETON, Circuit Judges and MENCER, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

On September 27, 1982, two crane operators employed by appellee, the City of Wilmington (the City), died in an accident at the Port of Wilmington. The crane was in the process of discharging a load of steel coils from the foreign vessel M/V NORNED THOR when the crane toppled into the ship's cargo hold, killing the operators and causing substantial damage to both the ship's cargo and the crane. At...

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