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IRWIN v. UNITED STATES

No. 360, Docket 23305.

236 F.2d 774 (1956)

Monica Eleanor IRWIN, as Administratrix of the goods, chattels and credits of George A. L. Irwin, Deceased, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee-Appellant, and Nicholas J. Nicolaou, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided September 7, 1956.

Attorney(s) appearing for the Case

Jacob Rassner, New York City for libelant-appellant.

Leonard P. Moore, U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Haight, Gardner, Poor & Havens, J. Ward O'Neill, James M. Estabrook, Robert M. Julian, New York City, of counsel), for respondent-appellee-appellant.

Kirlin, Campbell & Keating, New York City (Joseph M. Cunningham, Vernon S. Jones, New York City, of counsel), for respondent-impleaded-appellee.

Before CLARK, Chief Judge, and HINCKS and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

George A. L. Irwin brought this libel in the United States District Court for the Eastern District of New York against the United States of America as owner of the S.S. Marine Perch to recover for injuries suffered in the course of Irwin's employment as assistant surgeon on the Marine Perch. The United States impleaded Nicholas J. Nicolaou, owner of the S.S. Nicolaou Maria for indemnity in the event of recovery by Irwin against the United...

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