Legal Opinion

Abruzzo v. United States

District Court, E.D. New York

Decided January 4, 1966No. Nos. 62-A-443, 62-A-442Published

1Opinion of the Court

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 of the hold crew descended to the lower hold of hatch #1 of the COMET to perform their duties in the discharge of cargo. The cargo…

2Cases cited9 opinions

  1. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  2. Antonio Paliaga v. Luckenbach Steamship Company, and Third-Party v. Turner & Blanchard, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1962
  3. Samuel Mosley v. Cia. Mar. Adra, S.A., and Third-Party Plaintiff-Appellee,v. Lipsett Steel Products, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1963
  4. Sherwood Lester, Libelant-Appellant v. United States of America, and Marine Basin Company, Respondent-Impleaded-AppelleeCourt of Appeals for the Second Circuit · 1956
  5. Lester v. United StatesSupreme Court of the United States · 1957

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