DESMOND v. UNITED STATES

No. 43, Docket 23129.

217 F.2d 948 (1954)

Daniel A. DESMOND, Libelant-Appellee-Appellant, v. UNITED STATES of America, Respondent-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 2, 1954.


Attorney(s) appearing for the Case

Harry Eisenberg, New York City (Jacob Rassner, New York City, of counsel), for libelant.

J. Edward Lumbard, U. S. Atty., New York City (Tompkins, Boal and Tompkins and Arthur M. Boal, New York City, of counsel), for respondent.

Before CLARK, Chief Judge, and L. HAND and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. We affirm the trial judge's dismissal of the negligence action on the basis of his excellent opinion, reported in 105 F.Supp. 9.

2. He found that libelant had reached "the point of maximum cure" on August 26, 1951, exactly five years after his admission to the U. S. Marine Hospital. But the evidence introduced by libelant shows his condition to have been incurable — and recognized as incurable...

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