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UNTERSINGER v. UNITED STATES

No. 17, Docket 20989.

172 F.2d 298 (1949)

UNTERSINGER v. UNITED STATES.

United States Court of Appeals Second Circuit.

February 1, 1949.

Attorney(s) appearing for the Case

Paul C. Matthews, of New York City (Archibald F. McGrath, of New York City, of counsel), for appellant.

Kirlin, Campbell, Hickox & Keating, of New York City (Joseph M. Cunningham, Raymond Parmer and Charles N. Fiddler, all of New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is a libel in personam to recover damages, as well as maintenance and cure, resulting from injuries alleged to have been sustained by the libellant while employed as a messman on the S. S. Bull Run, a merchant vessel owned by the United States and operated for its account. At a pre-trial hearing the respondent moved for dismissal of the libel on the ground that the court lacked jurisdiction because the suit was not brought in the proper district...

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