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GARBELLOTTO v. MONTELINDO COMPAGNIE NAVEGACION, S. A.

No. 65 Civ. 3446.

294 F.Supp. 487 (1969)

Carmine GARBELLOTTO, Plaintiff, v. MONTELINDO COMPAGNIE NAVEGACION, S. A., Defendant and Third-Party Plaintiff, v. PITTSTON STEVEDORING CORP. and Smith & Kelly Company, Third-Party Defendants.

United States District Court S. D. New York.

January 6, 1969.

Attorney(s) appearing for the Case

Zimmerman & Zimmerman, New York City, for plaintiff.

Haight, Gardner, Poor & Havens, New York City, for defendant and third-party plaintiff.

Bigham, Englar, Jones & Houston, New York City, for third-party defendant, Pittston Stevedoring Corp.

Poles, Tublin, Patestides & Stratakis, New York City, for third-party defendant, Smith & Kelly Co.

OPINION

FRANKEL, District Judge.

Plaintiff longshoreman brought this suit for injuries allegedly suffered on October 29, 1965, when he fell into a hatch aboard defendant's vessel, the S.S. Eva, which was being unloaded at a New York City pier. A few days before the accident, Smith & Kelly Company, a Georgia stevedoring concern, had discharged some of the ship's cargo at Savannah, Georgia, pursuant to telephoned instructions from the shipper. At the time...

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