MOSSELLER v. UNITED STATES

No. 22, Docket 20245.

158 F.2d 380 (1946)

MOSSELLER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

Decided November 27, 1946.


Attorney(s) appearing for the Case

James B. Magnor, of New York City (John F. X. McGohey, U. S. Atty., Kirlin, Campbell, Hickox & Keating, Charles N. Fiddler, and Vernon S. Jones, all of New York City, on the brief), for appellant.

Simone N. Gazan, of New York City, for appellee.

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


CLARK, Circuit Judge.

The important question on this appeal is whether the district court had jurisdiction to authorize the taking of a deposition to perpetuate testimony for use in an action to be thereafter commenced in the admiralty seeking damages for personal injuries from the United States of America. A further question as to the appealability of the order granting the authorization has already been decided against the appellee on her preliminary motion to dismiss...

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