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UNITED STATES v. DeVANE

No. 19300.

306 F.2d 182 (1962)

UNITED STATES of America, Appellant, v. Jumelia M. DeVANE, as Administratrix of the Estate of James Frank DeVane, deceased, Appellee.

United States Court of Appeals Fifth Circuit.

August 15, 1962.

Attorney(s) appearing for the Case

Alan S. Rosenthal, David L. Rose, Sherman L. Cohn, Attys., Dept. of Justice, Washington, D. C., Clinton Ashmore, U. S. Atty., Tallahassee, Fla., for appellant.

Nathan Bedell, Jacksonville, Fla., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and SIMPSON, District Judge.

GRIFFIN B. BELL, Circuit Judge.

This appeal is from a judgment entered against the government on a suit brought under the Federal Tort Claims Act1 and the Death on the High Seas Act2 to recover for the death of the captain of a fishing vessel, the Virginia May, which sunk in a storm off the west coast of Florida. The captain, James Frank DeVane, died five days thereafter while on a life raft.

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