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PETITION OF McALLISTER BROS.

No. 19490.

96 F.Supp. 575 (1951)

PETITION OF McALLISTER BROS., Inc., et al. THE McALLISTER No. 91. THE J. P. McALLISTER.

United States District Court E. D. New York.

February 9, 1951.

Attorney(s) appearing for the Case

Hanrahan & Brennan, New York City, of counsel to Edward A. Sullivan, New York City, proctor for Emanuel Fabiani (William R. Brennan, Jr., New York City, advocate).

Alexander & Ash, New York City, proctors for petitioners (Sidney A. Schwartz, New York City, advocate).

KENNEDY, District Judge.

On April 14, 1950, Emanuel Fabiani, a longshoreman employed by the Terminal Stevedoring Co. Inc., instituted a personal injury action in the New York Supreme Court against McAllister Lighterage Line, Inc. (herein called "Lighterage"). The injury resulted from work allegedly done during an operation involving the lighter McAllister No. 91 and the tug J. P. McAllister.

It should be borne in mind that Fabiani's suit was against the charterer...

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