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SAPORITO v. HOLLAND-AMERICA LINES

No. 13244.

284 F.2d 761 (1960)

Michael SAPORITO, Plaintiff-Appellant, v. HOLLAND-AMERICA LINES, Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided November 23, 1960.

Attorney(s) appearing for the Case

Lawrence E. Florio, Hoboken, N. J. (Florio, Dunn, Marciano & Lypinski, Hoboken, N. J., Samuel L. Marciano, Hoboken, N. J., on the brief), for appellant.

Allen C. Mathias, Jersey City, N. J. (Smith, James & Mathias, Jersey City, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and HASTIE and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

This is an appeal involving a personal injury negligence action in which jurisdiction was based on diversity of citizenship. Since the accident occurred in New Jersey, the law of that state is applicable.

Michael Saporito, the plaintiff-appellant, was employed by the International Terminal Operating Company about June 1951 to perform maintenance work on its battery operated flat trucks. These trucks were used in stevedoring work for...

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