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BERGE v. NATIONAL BULK CARRIERS

148 F.Supp. 608 (1957)

Gunnleik BERGE, Plaintiff, v. NATIONAL BULK CARRIERS, Inc. and Todd Shipyards Corp., Defendants.

United States District Court S. D. New York.

February 26, 1957.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, for plaintiff (Klonsky & Steinman, New York City, of counsel).

Frederick H. Cunningham, New York City, for defendant National Bulk Carriers, Inc. (Victor S. Cichanowicz, New York City, of counsel).

Galli & Locker, New York City, for defendant Todd Shipyards Corp. (Patrick J. McCann, New York City, of counsel).

MURPHY, District Judge.

In its final form, this is an action for personal injuries brought against National Bulk Carriers, Inc. on the theory of unseaworthiness only. National Bulk in turn sues Todd Shipyards Corp. alleging that Todd is obliged to indemnify it should it be held liable to plaintiff.

After trial, but before submission to the jury, all the parties agreed that the court should reserve to itself three factual issues, to wit, (1) whether or not...

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