MORGAN v. UNITED STATES

No. 15, Docket 23342.

229 F.2d 291 (1956)

John P. MORGAN, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 17, 1956.


Attorney(s) appearing for the Case

Harvey Goldstein, New York City (Mordecai Cohen, Brooklyn, N. Y., and Jacob Rassner, New York City, on the brief), for libelant-appellant.

Corydon B. Dunham, New York City (J. Edward Lumbard, U. S. Atty. for the Southern District of New York, New York City, and Xavier N. Sardaro, Brooklyn, N. Y., on the brief), for respondent-appellee.

Before FRANK, HINCKS and WATERMAN, Circuit Judges.


WATERMAN, Circuit Judge.

The libelant was injured on January 19, 1944, while serving as a watchman aboard the S.S. Green Mountain State. 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.

The libelant brought suit against the general agent in the Supreme Court of the State of New York on April 20, 1944, to recover for his injuries. On March 28, 1949, that action was...

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