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ROPER v. UNITED STATES

No. 7986.

282 F.2d 413 (1960)

William J. ROPER, Libellant, Appellant, v. UNITED STATES of America, Respondent-Petitioner; Continental Grain Company, Respondent-Impleaded, Petitioner; and John W. McGrath Corporation and Arrow Steamship Agency, Inc., t/a Atlantic and Gulf Grain Stevedoring Association, Respondent-Impleaded, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 30, 1960.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va., for appellant.

Carl C. Davis and Alan Raywid, Attorneys, Department of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Joseph S. Bambacus, U. S. Atty., Richmond, Va., and Samuel D. Slade, Attorney, Department of Justice, Washington, D. C., on brief), for appellee, United States of America.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

HAYNSWORTH, Circuit Judge.

The foreman of a gang of stevedores was injured when there was a rupture of a block on machinery attached to a grain elevator, but partially lowered into the hold of a deactivated vessel owned by the United States. Under the Suits in Admiralty Act1 he filed a libel against the United States. This action resulted in the usual petition to implead the granary, with which the United States had contracted for the...

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