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LATUS v. UNITED STATES

No. 232, Docket 25891.

277 F.2d 264 (1960)

George LATUS, Libellant-Appellant, v. UNITED STATES of America, Respondent-Appellee and Appellant, Todd Shipyards Corp., Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided April 11, 1960.

Attorney(s) appearing for the Case

Thomas A. McDonald and Charles V. McDonald, Freeport, N. Y., for appellant.

Robert D. Klages, George Cochran Doub, Asst. Atty. Gen., Cornelius W. Wickersham, Jr., U. S. Atty., New York City, Samuel D. Slade, Benjamin H. Berman, Attorneys, Department of Justice, Washington, D. C., for the United States.

Patrick E. Gibbons, New York City, for impleaded-appellee.

Before LUMBARD, Chief Judge, and L. HAND and LEWIS, Circuit Judges.

L. HAND, Circuit Judge.

The libellant appeals from a decree in the admiralty, D.C., 170 F.Supp. 837, dismissing his libel both in personam and in rem to recover damages for personal injuries when in the employ of the impleaded respondent, Todd Shipyards, while painting the respondent's ship "Robert Fulton." The facts were as follows. In September, 1947, the "Fulton" was withdrawn from navigation, dismantled, and...

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