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PESCE v. SKIPS A/S HERSTEIN

No. 67 Civ. 2197.

324 F.Supp. 554 (1971)

Joseph PESCE, Plaintiff, v. SKIPS A/S HERSTEIN, Defendant and Third-Party Plaintiff, v. MARRA BROS., INC., Third-Party Defendant.

United States District Court, S. D. New York.

February 24, 1971.

Attorney(s) appearing for the Case

Sergi & Fetell, Brooklyn, N. Y., for plaintiff.

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

Martin M. Baxter, Alexander, Ash, Schwartz & Cohen, New York City, for third-party defendant.

OPINION

SOLOMON, District Judge:

Joseph Pesce, a longshoreman, was injured during the unloading of the M/S Black Tern when he caught his right foot between dunnage boards while carrying cartons to a palate.

Four men, including Pesce, were working in the starboard wing of the No. 2 'tween deck, unloading cartons which were stacked approximately six feet high. Each man was working in a space he had made...

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