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CANADIAN AVIATOR v. UNITED STATES

No. 8429.

142 F.2d 709 (1944)

CANADIAN AVIATOR, Limited, v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Decided May 2, 1944.

Attorney(s) appearing for the Case

Eugene Underwood, of New York City (Shields, Clark, Brown & McCown, of Philadelphia, Pa., and Burlingham, Veeder, Clark & Hupper, Roscoe H. Hupper, and Chauncey I. Clark, all of New York City, on the brief), for appellant.

J. Frank Staley, of Washington, D. C., for appellee.

Before BIGGS, MARIS, and JONES, Circuit Judges.

MARIS, Circuit Judge.

Canadian Aviator, Limited, the owner of the steamship Cavelier, filed a libel in the District Court for the District of New Jersey seeking to recover $75,000 from the United States under the Public Vessels Act, 46 U.S.C.A. § 781, for damages alleged to have been sustained by the Cavelier. The respondent prayed that the libel be dismissed upon the grounds that it failed to state a cause of action within the provisions of the Public Vessels...

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