PAGANO v. UNITED STATES

No. 20465.

168 F.Supp. 793 (1959)

Joseph PAGANO, Libelant, v. UNITED STATES of America, Respondent, and Ira S. Bushey & Sons, Inc., Respondent-Impleaded.

United States District Court E. D. New York.

January 15, 1959.


Attorney(s) appearing for the Case

DiCostanzo & Klonsky, Brooklyn, N. Y., for libelant, Robert Klonsky, New York City, of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Benjamin H. Berman, New York City, and William A. Wilson, Admiralty and Shipping Section, Dept. of Justice, New York City, of counsel, for respondent.

Alexander, Ash & Schwartz, New York City, for respondent-impleaded Ira S. Bushey & Sons, Inc., Sidney A. Schwartz and Joseph Arthur Cohen, New York City, of counsel.


BYERS, Chief Judge.

This libelant was a pipefitter employed by Bushey, the impleaded respondent, and he sustained the injury of which he complains on November 23, 1955. He was at work on the U. S. S. Alcor, then in the Bushey Yards, undergoing engine room and other extensive repairs, pursuant to a contract and job order No. 1909/1.

He was in the lower level of the engine room, which is about eight feet above the keel; the entire space in which he was working...

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