UNITED STATES v. GAVAGAN

No. 18094.

280 F.2d 319 (1960)

UNITED STATES of America, Appellant, v. Geraldine GAVAGAN, as Administratrix of the Estate of John Gordon Gavagan, Deceased, et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 22, 1960.


Attorney(s) appearing for the Case

David L. Rose, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Edith House, Asst. U. S. Atty., Jacksonville, Fla., George Cochran Doub, Asst. Atty. Gen., E. Coleman Madsen, U. S. Atty., Miami, Fla., for appellant.

Chester Bedell, Jack F. Wayman, Jacksonville, Fla., for appellees.

Before RIVES, Chief Judge, and CAMERON and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This appeal concerns the Government's liability under the Federal Tort Claims Act1 for death resulting from the manner in which the Government undertook the unsuccessful rescue of the shrimper Donald Ray and her crew off the Florida Coast. As the asserted tort was a maritime one occurring more than a marine league from shore, the applicable remedy for the wrongful death is the Death on the High Seas Act, 46...

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