FRANK v. UNITED STATES

No. 12251.

250 F.2d 178 (1957)

Grace FRANK, Administratrix of the Estate of Daniel Frank, Deceased, Appellant, v. UNITED STATES of America, Daniel S. Kowalski and Charles Januscz, Appellees, and Daniel F. Kowalski, Charles Januscz and THE Cabin Cruiser SEA CAPTAIN, Formerly Known as THE ORION, Her Engine, Tackle, Etc., Respondents-Impleaded, and Paul F. Zisa, Claimant of The Cabin Cruiser Sea Captain.

United States Court of Appeals Third Circuit.

Decided December 16, 1957.


Attorney(s) appearing for the Case

Louis R. Harolds, New York City, William L. Standard, New York City, Advocate (Morris F. Pearlman, Proctor, Jersey City, N. J., on the brief), for appellant.

William W. Ross, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Chester A. Weidenburner, U. S. Atty., Newark, N. J., Paul A. Sweeney, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before MARIS, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

Appellant is the administratrix of Daniel Frank who was drowned in the ocean very near the New Jersey shore under circumstances which, in appellant's view, obligate the United States to pay damages to Frank's dependents. Claiming that either negligence of employees of the government within the meaning of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674, or negligence of a public vessel covered by the Public Vessels Act, 43 Stat...

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