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NASTA v. UNITED STATES

No. 260, Docket 26136.

288 F.2d 186 (1961)

Saverio NASTA, Philip Romano, Daniel J. Wisniewsky, Alfred Necklen, William J. Scheurer, James Sugrue, Felix Meehan, Cornelius Boyle, Frank Rapcznski and William Neely, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided March 27, 1961.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for appellants.

Robert D. Klages, William H. Orrick, Jr., Asst. Atty. Gen., Morton S. Robson, U. S. Atty., New York City, Morton Hollander, Louis E. Greco, Attorneys, Department of Justice, Washington, D. C., for United States.

Before CLARK, SMITH and HAND, Circuit Judges.

HAND, Circuit Judge.

The ten libellants filed a libel to recover for injuries to the skin and eyes suffered by them while at work on a ship of the United States, withdrawn from active service and in the possession of a contractor, to be conditioned for possible future service. Judge Knox tried the case, and dismissed the libel in an opinion, reported in 181 F.Supp. 906, which sets forth the facts at length. The libel contained...

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