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CALDERONE v. NAVIERA VACUBA S/A

204 F.Supp. 783 (1962)

Salvatore CALDERONE, Plaintiff, v. NAVIERA VACUBA S/A and Republica De Cuba, Defendants. NAVIERA VACUBA S/A, Defendant and Third-Party Plaintiff, v. MAHER STEVEDORING CO., Inc., Third-Party Defendant. NAVIERA VACUBA S/A, Defendant and Third-Party Plaintiff, v. GARCIA AND DIAZ, INC., Third-Party Defendant. MAHER STEVEDORING CO., Inc., Third-Party Defendant and Fourth-Party Plaintiff, v. GARCIA AND DIAZ, INC., Fourth-Party Defendant. Salvatore CALDERONE, Libellant, v. GARCIA AND DIAZ, INC., Respondent.

United States District Court S. D. New York.

April 4, 1962.

Attorney(s) appearing for the Case

Fisch & Kaplan, New York City, for Salvatore Calderone, plaintiff and libellant. Richard L. Fisch, Louis Kaplan, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for Naviera Vacuba S/A, defendant and third-party plaintiff. Matthew L. Danahar, Patrick J. Gilmartin, New York City, of counsel.

Alexander, Ash & Schwartz, Trial Counsel for Hanlon & Dawe, New York City, for Maher Stevedoring Co., Inc., third-party defendant and fourth-party plaintiff. Sidney A. Schwartz, Joseph Arthur Cohen, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for Garcia & Diaz, Inc., fourth-party defendant and respondent. John L. Quinlan, John B. Shields, New York City, of counsel.

WEINFELD, District Judge.

These are five actions which were tried together under an order of consolidation. All arise out of an accident in which Salvatore Calderone was injured when a Jacob's ladder, which was rigged from the m/s Bahia De Nipe to a lighter alongside, paid out as he was descending from the vessel to the lighter. Calderone was a checker employed by Maher Stevedoring Co., Inc., which was loading and unloading...

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