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PISCOPO v. UNITED STATES

Civ. A. No. 12346.

167 F.Supp. 777 (1958)

Frank PISCOPO, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, American Stevedores, Inc., Third-Party Defendant.

United States District Court E. D. New York.

November 24, 1958.

Attorney(s) appearing for the Case

Samuel P. Fensterstock, New York City, for plaintiff, by Jacob Rassner and Francis J. Nicosia, New York City, of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty., for Eastern Dist. of New York, Brooklyn, N. Y., for defendant and third-party plaintiff, by Benjamin H. Berman, Atty. in Charge, and William A. Wilson, Atty., New York Office Admiralty and Shipping Section, Dept. of Justice, New York City, of counsel.

Garvey & Conway, New York City, for third-party defendant, by George J. Conway, New York City, of counsel.

BYERS, Chief Judge.

In this Federal Tort Claim action, the plaintiff asks damages for his personal injuries sustained on September 21, 1951 while he was engaged in shifting cargo on the upper level of Army Base Pier 13, Staten Island.

The complaint was filed December 27, 1951 and the action was dismissed for failure to prosecute on June 9, 1953. Thereafter, it was restored to the calendar by order dated April 19, 1954. Trial was had on October 27, 1958.

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