District Court, E.D. New York April 29, 1964, 63 C 1156 (Francese v. United States)

DOOLING, District Judge.

Defendant has moved to dismiss on jurisdictional grounds a longshoreman’s

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claim for personal injuries. The complaint alleges that during the loading of a vessel, the S/S EXCELLENCY, at defendant’s Pier 3 in its Brooklyn Army Terminal Base, a draft of allegedly defectively pre-palletized cargo, owned by defendant, fell on plaintiff, who was working on the string piece,