No. 197, Docket 25316.

271 F.2d 651 (1959)

Kenneth GRANT, Plaintiff-Appellee-Appellant, v. UNITED STATES of America, Defendant-Appellant-Appellee (George F. McGuire and Royal Indemnity Company, Third-Party Defendants-Appellees).

United States Court of Appeals Second Circuit.

Decided October 22, 1959.

Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen.,; Cornelius W. Wickersham, Jr., U. S. Atty., and Robert A. Morse, Asst. U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Bernard Cedarbaum, Atty., Dept. of Justice, Washington, D. C., on the brief), for the United States, appellant.

Bernard Meyerson, Brooklyn, N. Y. (William H. George, Valley Stream, N. Y., on the brief), for Kenneth Grant, appellee-appellant.

Louis W. Mele, New York, N. Y. (Cohen, McGuirk & Michels, Brooklyn, N. Y., and Alexander Gangel, New York City, on the brief), for Royal Indemnity Company, appellee.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.

HINCKS, Circuit Judge.

The plaintiff sued to recover for personal injuries, under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), sufferred in a building owned and maintained by the United States for the use of the United States Merchant Marine Academy. The defendant brought in, by third-party complaint, Lieutenant McGuire, the Ship's Service Officer of the Academy who was the officer in charge of the Ship's Service Store, which occupied part of said building...

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