UNITED STATES v. LUBINSKI

No. 11097.

153 F.2d 1013 (1946)

UNITED STATES v. LUBINSKI. LUBINSKI v. ALASKA S. S. CO.

Circuit Court of Appeals, Ninth Circuit.

March 7, 1946.


Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Atty., of Seattle, Wash. (Bogle, Bogle & Gates, of Seattle, Wash., of counsel), for appellant United States.

Sam L. Levinson, of Seattle, Wash., for appellant Lubinski.

Bogle, Bogle & Gates and Edw. S. Franklin, all of Seattle, Wash., for appellee Alaska S. S. Co.

Before DENMAN, STEPHENS, and ORR, Circuit Judges.


STEPHENS, Circuit Judge.

Walter Lubinski filed his libel in personam in the district court against the United States and the Alaska Steamship Company under an Act of Congress (57 Stat. 45, 50 U.S.C.A.Appendix, § 1291) to recover damages for the loss of vision in his left eye, and was awarded judgment against the United States. The court dismissed the action against the Alaska Steamship Company. The United States appeals and Lubinski appeals from the decree dismissing...

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