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DEFENSE SUPPLIES CORP. v. UNITED STATES LINES CO.

No. 262.

148 F.2d 311 (1945)

DEFENSE SUPPLIES CORPORATION v. UNITED STATES LINES CO. et al.

Circuit Court of Appeals, Second Circuit.

March 28, 1945.

Attorney(s) appearing for the Case

Horace T. Atkins, of New York City, for appellant.

John F. X. McGohey, U. S. Atty., and Burlingham, Veeder, Clark & Hupper, all of New York City (Norman M. Barron, Edward L. Smith, Herbert M. Lord, and William J. Tillinghast, Jr., all of New York City, of counsel), for appellees.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The threshold question is whether the Defense Supplies Corporation may bring suit against the United States under the Suits in Admiralty Act. We recognize the fact that the real parties in interest are the insurance companies. But their right to sue is dependent upon the right of the party to whom they are subrogated.2

"In interpreting the [Suits in Admiralty] act, permitting as it does a suit to be brought...

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