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LESTER v. UNITED STATES

No. 269, Docket 23867.

234 F.2d 625 (1956)

Sherwood LESTER, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellant, and Marine Basin Company, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided June 4, 1956.

Attorney(s) appearing for the Case

Louis Bloch, New York City (Edward J. Behrens, Gay & Behrens, New York City, of counsel), for libelant-appellant.

Warren E. Burger, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Paul A. Sweeney, Leavenworth Colby, John G. Laughlin, Attys., Dept. of Justice, Washington, D. C., for the United States, respondent-appellant.

William S. O'Connor, New York City, for respondent-impleaded-appellee.

Before FRANK, LUMBARD and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

Libelant, Sherwood Lester, instituted this proceeding in admiralty against the United States to recover damages for injuries sustained in a fall from the Q-100, a motor yacht owned and operated by the United States Army. The jurisdiction of the district court rests on the Public Vessels Act, 46 U.S.C.A. § 781 et seq.

The accident occurred on July 15, 1947, at a time when the Q-100 was high and

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