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UNITED STATES v. CAFFEY

No. 38.

141 F.2d 69 (1944)

UNITED STATES v. CAFFEY, Judge, et al.

Circuit Court of Appeals, Second Circuit.

March 3, 1944.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen. (Lester P. Schoene, J. Frank Staley, Ellis Lyons, and George C. Sprague, all of Washington, D. C., and William E. Collins, of New York City, of counsel), for petitioner.

Burlingham, Veeder, Clark & Hupper, of New York City, for respondents.

Chauncey I. Clark, Eugene Underwood, and Bigham, Englar, Jones & Houston, all of New York City, (Leonard J. Matteson, and Richard F. Shaw, all of New York City, of counsel), for intervening petitioner.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The sole issue is whether, under the Public Vessels Act of 1925, 43 Stat. 1112, 46 U.S.C.A. §§ 781-790, the District Court of the United States for the Southern District of New York has jurisdiction of a suit in admiralty now pending therein. It was brought by filing a libel in personam against the United States to recover from the government, as in an action in rem, the damages sustained in the total loss of a ship and its cargo in...

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