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GIBBONS v. UNITED STATES

Nos. 4498, 4499.

186 F.2d 488 (1950)

GIBBONS v. UNITED STATES. UNITED STATES v. GIBBONS BROS., Inc., et al.

United States Court of Appeals First Circuit.

December 22, 1950.

Attorney(s) appearing for the Case

Stanley H. Rudman, Boston, Mass. (Schneider, Reilly & Bean, Boston, Mass., on brief), for William H. Gibbons.

Thomas H. Walsh, Boston, Mass. (George F. Garrity, U. S. Atty., Edward O. Gourdin, Asst. U. S. Atty., and Leo F. Glynn, all of Boston, Mass., on brief), for United States of America.

Sumner H. Babcock, Boston, Mass. (Edward M. Casey and Bingham, Dana & Gould, Boston, Mass., on brief), for Gibbons Brothers, Inc.

Before MAGRUDER, Chief Judge, and WOODBURY and FAHY, Circuit Judges.

FAHY, Circuit Judge.

William H. Gibbons, the appellant, filed in the district court a libel in admiralty in personam against the United States. He sought damages for injuries due to an accident he suffered while working on the S. S. Niantic Victory, a merchant vessel owned and operated by the United States in navigable waters in the port of Boston. By petition under the Fifty-sixth Admiralty Rule, 28 U.S.C.A., the United States interpleaded Gibbons Brothers...

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