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MASSA v. C.A. VENEZUELAN NAVIGACION

Civ. No. 16712.

209 F.Supp. 404 (1962)

Nicola MASSA, Plaintiff, v. C.A. VENEZUELAN NAVIGACION, Defendant and Third Party Plaintiff, v. JOHN W. McGRATH CORPORATION, Third Party Defendant.

United States District Court E. D. New York.

October 10, 1962.

Attorney(s) appearing for the Case

Francis J. Nicosia, Brooklyn, N. Y., for plaintiff. Jacob Rassner, New York City, of counsel.

Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for defendant and third party plaintiff. Renato C. Giallorenzi, New York City, of counsel.

Macklin, Speer, Hanan & McKernan, New York City, for third party defendant. Gerald J. McKernan, James M. Leonard, New York City, of counsel.

ZAVATT, Chief Judge.

The plaintiff, a longshoreman in the employ of the third party defendant, McGrath, seeks damages for personal injuries on the ground of the alleged negligence of the defendant, the owner and operator of the SS CIUDAD DE CUMANA, and on the ground that said vessel was unseaworthy. By a pre-trial order, dated December 7, 1960, the plaintiff limited the issues of alleged negligence and unseaworthiness to an alleged defective pallet.

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