Coleman v. American Export Isbrandtsen Lines, Inc.

405 F.2d (2nd Cir. 1968)

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Nature of the Case

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Facts

Coleman (P) was injured aboard the S.S.Exchequer, a vessel owned and operated by American Export Isbrandtsen Lines, Inc. (D), while the ship was in Hoboken, N.J. P sued in the Southern District of New York. D filed a third-party complaint under Rule 14(a) against Atlantic & Gulf Stevedores, Inc. claiming that any liability to Coleman on its part would be due to the negligence of Atlantic in having failed to properly secure a hatch when the ship was in Philadelphia. Atlantic is a Pennsylvania corporation that does not do business in New York. Atlantic was served under Rule 4(f). Atlantic moved to dismiss the third-party complaint for lack of jurisdiction. That motion was granted. D appealed.