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LAVINO v. A/S HAV

No. 20494.

166 F.Supp. 93 (1958)

Vincent Scotto LAVINO, Libelant, v. A/S HAV, International Freighting Corporation, Inc., and THE M/V HAV, Respondents, and International Terminal Operating Company, Inc., and International Freighting Corporation, Inc., Respondents-Impleaded.

United States District Court E. D. New York.

September 29, 1958.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for Internatl. Freighting Corp., Inc., as respondent-impleaded, by Arthur O. Lewis, New York City, Advocate.

Haight, Gardner, Poor & Havens, New York City, for The A/S Hav, respondent petitioner, by William P. Kain, Jr., New York City, Advocate.

BYERS, Chief Judge.

It is necessary to pass upon exceptive allegations to an impleading petition under the 56 Admiralty Rule, 28 U.S. C.A., as to which a hearing was conducted on June 25, 1958.

The opinion filed on July 14 is hereby withdrawn, counsel for the charterer having properly pointed out erroneous recitals therein; the latter are to be accounted for because of certain confusion in the motion papers which I should have detected but failed to, in the...

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