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CAPPELEN v. UNITED STATES

No. 10389.

185 F.2d 754 (1950)

CAPPELEN v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided November 16, 1950.

Attorney(s) appearing for the Case

Bruce S. Quigley, Washington, D.C., for appellant.

Onan A. Hydrick, Washington, D.C., Atty., Department of Justice, of the Bar of the Supreme Court of South Carolina, pro hac vice, by special leave of Court, with whom Asst. Atty. Gen. H. G. Morison and George Morris Fay, U. S. Atty., Washington, D.C., were on the brief, for appellee. Joseph M. Howard, Asst. U. S. Atty., Washington, D.C., also entered an appearance for appellee.

Before PROCTOR and WASHINGTON, Circuit Judges, and ROBERT N. WILKIN, District Judge, retired (sitting by designation).

WILKIN, District Judge.

This is an appeal from a judgment of the United States District Court for the District of Columbia which dismissed a libel in admiralty instituted under authority of the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., for recovery of $5000 death-benefit, under a Second Seaman's War Risk Policy, issued by the War Shipping Administration pursuant to provisions of Section 1128(a),1 Title 46 U.S.C.A., to the...

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