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BURKHOLDER v. UNITED STATES

No. 75 of 1944.

60 F.Supp. 700 (1944)

BURKHOLDER v. UNITED STATES et al.

District Court, E. D. Pennsylvania.

On Reargument May 17, 1945.

Attorney(s) appearing for the Case

Dorfman & Levitan, Gerald A. Gleeson, U. S. Atty., and J. Barton Rettew, Jr., Asst. U. S. Atty., all of Philadelphia, Pa., for libellant.

Rawle & Henderson, of Philadelphia, Pa., for the United States et al.

Krusen, Evans & Shaw, of Philadelphia, Pa., amicus curiae.

KIRKPATRICK, District Judge.

This is the second libel filed by this libellant against the respondents. The first libel, filed October 13, 1943, alleged that the libellant was injured when a ladder, by which he was descending from the ship to the dock, fell, and that the accident was caused by the negligence of the respondents in that the ladder was not fastened or lashed in any way. That libel was dismissed upon exceptions (Burkholder v. United States of America,...

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