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ABRUZZO v. UNITED STATES

Nos. 62-A-443, 62-A-442.

254 F.Supp. 134 (1966)

Carlo A. ABRUZZO, Libelant, v. UNITED STATES of America, Respondent. v. AMERICAN STEVEDORES, INC., Respondent-Impleaded. Milton GERMAN, Libelant, v. UNITED STATES of America, Respondent, v. AMERICAN STEVEDORES, INC., Respondent-Impleaded.

United States District Court E. D. New York.

January 4, 1966.

Attorney(s) appearing for the Case

Zimmerman & Zimmerman, New York City, for libelants; Morris Cizner, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for respondent; Louis Greco, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, Bertram Carraway, Philip A. Berns, New York City, of counsel.

George J. Conway, New York City, for respondents-impleaded; John F. X. McKiernan, New York City, of counsel.

MISHLER, District Judge.

Two libels were filed by libelants claiming personal injuries incurred while in the employ of American Stevedores, Inc., respondent-impleaded, on U.S.N.S. COMET, a public vessel owned by respondent. The injuries having arisen out of the same circumstances, the actions were ordered "consolidated for the purposes of trial." (Stipulation "So Ordered", June 28, 1963).

On July 16, 1961, at about 8:10 A.M., libelants and seven other members...

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