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HILDEBRAND v. UNITED STATES

No. 242, Docket 23367.

226 F.2d 215 (1955)

Walter HILDEBRAND, Libelant-Appellant-Appellee, v. UNITED STATES of America, Respondent-Appellee-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 27, 1955.

Attorney(s) appearing for the Case

Sterling & Schwartz, New York City, for libelant-appellant-appellee; Marvin Schwartz, New York City, of counsel.

J. Edward Lumbard, Jr., U. S. Atty., New York City, for respondent-appellee-appellant; Tompkins, Boal & Tompkins, Arthur M. Boal, New York City, of counsel.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

As to the issues of unseaworthiness and contributory negligence, raised by the respondent's cross-appeal, we affirm on Judge Dawson's findings and opinion. 134 F.Supp. 514. The findings which the respondent attacks are not clearly erroneous. And under our recent holding in Poignant v. United States, 225 F.2d 595, it is of no moment that the unseaworthy condition causing the harm may...

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