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COHEN v. UNITED STATES

No. 187, Docket 22257.

195 F.2d 1019 (1952)

COHEN v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided April 8, 1952.

Attorney(s) appearing for the Case

George Halpern, New York City, of counsel, for libelant-appellant.

Myles J. Lane, U. S. Atty., New York City, Martin J. Norris, Attorney, Department of Justice, New York City, for respondent-appellee.

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

CHASE, Circuit Judge.

The libelant was injured on January 6, 1945 when the vessel on which he was serving as a messman, the S.S. Isaac Shelby, struck a mine in waters near Naples, Italy. The ship was owned by the United States and was being operated by a general agent under the standard form of General Agency Service Agreement, GAA-4-4-42.1

The messman sued both the general agent and the United States in the District Court for...

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