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CAPUTO v. KHEEL

No. 66 Civil 2139.

291 F.Supp. 804 (1968)

Nicolo CAPUTO, Plaintiff, v. Theodore W. KHEEL and Raymond J. Scully, as Trustees in Bankruptcy for A. H. Bull Steamship Co., Inc. and A. H. Bull & Co. (Inc.), Defendants and Third-Party Plaintiffs, v. INTERNATIONAL TERMINAL OPERATING CO., Inc. and Air Preheater Corp., Third-Party Defendants.

United States District Court S. D. New York.

October 31, 1968.

Attorney(s) appearing for the Case

Alvin I. Apfelberg, New York City, for plaintiff.

Kirlin, Campbell & Keating, New York City, for defendants and third-party plaintiffs, Daniel J. Dougherty, James R. Campbell, of counsel.

Alexander, Ash & Schwartz, New York City, for third-party defendant International Terminal Operating Co., Inc., Joseph Arthur Cohen, New York City, of counsel.

McLaughlin, Fiscella & Biancheri, New York City, for third-party defendant Air Preheater Corp., Albert T. Gervais, Huntington, N. Y., John Furman, Jr., New York City, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

WEINFELD, District Judge.

Plaintiff, a longshoreman, injured while loading cargo aboard the SS KATHRYN, seeks damages from the defendants, trustees in bankruptcy of the shipowner, A. H. Bull Steamship Co., Inc. The trustees, in the event of recovery against them, seek indemnity from International Terminal Operating Co., Inc., the stevedore and the plaintiff's employer...

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