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KUNKEL v. UNITED STATES

Civ. No. 17858.

140 F.Supp. 591 (1956)

Ida M. KUNKEL, as Administratrix of the Estate of Louis Ernest Kunkel, deceased, and Ida M. Kunkel, individually, Plaintiffs, v. UNITED STATES of America, Defendant and Third Party Plaintiff, and Twentieth Century-Fox Film Corporation, Third Party Defendant.

United States District Court S. D. California, Central Division.

May 2, 1956.

Attorney(s) appearing for the Case

John R. Allport and John T. LaFollette, Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty., Max F. Deutz, Asst. U. S. Atty., Keith R. Ferguson, Sp. Asst. to the Atty. Gen., for defendant and third party plaintiff United States.

Betts, Ely & Loomis, Los Angeles, Cal., for third party defendant.

MATHES, District Judge.

By this action at law plaintiffs, widow and administratrix, seek recovery from the Government of damages for the alleged wrongful death of Louis Ernest Kunkel on the high seas.

The case is now before the court upon the Government's motion to dismiss on the grounds that: (1) "this Court lacks jurisdiction over the defendant in that there is no act of Congress alleged or existing granting the plaintiffs or either

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