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PODGORSKI v. UNITED STATES

No. 10110.

183 F.2d 421 (1950)

PODGORSKI v. UNITED STATES et al.

United States Court of Appeals Third Circuit.

Decided July 27, 1950.

Attorney(s) appearing for the Case

Martin J. Vidgerman, Philadelphia, Pa., for appellant.

T. J. Mahoney, Jr., Philadelphia, Pa., for respondent.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

A libel in personam filed by a merchant seaman in the District Court for the Eastern District of Pennsylvania against the United States under the Suits in Admiralty Act1 was dismissed on objection of the government to the venue. The question on appeal is whether the privilege of objecting to venue had been waived.

The suit was filed in Philadelphia November 17, 1947. In March, 1948, the proctor for the United...

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