Opinion
No. 285, Docket 30043.
Submitted February 11, 1969.
Decided February 11, 1969. Certiorari Denied June 16, 1969. See 89 S.Ct. 2104.
Appeal from judgment of the United States District Court for the Southern District of New York, Thomas F. Murphy, Judge, dismissing counter-claim of repairman, Marra Brothers, Inc., third-party defendant-appellant, against plaintiff-appellee Longo, its employee. Affirmed.
Morris Cizner, New York City (Zimmerman Zimmerman, New York City, on the brief), for plaintiff-appellee.
Sidney A. Schwartz, New York City (Alexander, Ash Schwartz, New York City, on the brief), for third-party defendant-appellant.
The sole issue in this case is the right of Marra Brothers, Inc., who had, through its stevedoring subcontract with Wm. Spencer Son Corp., stevedore, become liable for a recovery by Longo for personal injuries against Lehigh Valley Railroad Co., shipowner, which had in turn been indemnified by the Spencer Corp., to counter-claim against its employee Longo, who was found to have been 75% contributorily negligent. The trial court held that Marra Brothers could not, and dismissed its counter-claim. Marra Brothers has appealed. Meanwhile, this court has heard and decided the same issue in another case and reached the same conclusion as to the applicable law. McLaughlin v. Trelleborgs Angfartygs, 408 F.2d 1334, decided January 30, 1969. The judgment of the district court is, therefore, affirmed.