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BERTHOLF v. UNITED STATES SHIPPING BOARD E. F. CORP.

No. 219.

18 F.2d 99 (1927)

BERTHOLF v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 7, 1927.

Attorney(s) appearing for the Case

Edward A. Vosseler, of New York City, for plaintiff in error.

Emory R. Buckner, U. S. Atty., of New York City (Edgar G. Wandless, Special Asst. U. S. Atty., etc., of New York City, of counsel), for defendant in error.

Before MANTON, HAND, and SWAN, Circuit Judges.

PER CURIAM.

Douglas Maher was killed while in the employ of the defendant in error. His parents in their lifetime adopted a child, Dorothy Maher, and she alone survived him as his next of kin. This suit is brought to recover the damages she sustained by reason of the loss of his life. Under section 98, subd. 5, of the Decedent's Estate Law of New York (Consol. Laws, c. 13), where an unmarried son dies, leaving no parent living, his sisters and brothers inherit his...

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