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LIBERTY MUTUAL INSURANCE COMPANY v. UNITED STATES

No. 138, Docket 26462.

290 F.2d 257 (1961)

LIBERTY MUTUAL INSURANCE COMPANY, as partial assignee and subrogee of Alfonse Marchica, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 11, 1961.

Attorney(s) appearing for the Case

Thomas F. Keane, Brooklyn, N. Y. (Albert P. Thill, Brooklyn, N. Y., of counsel), for plaintiff-appellant.

George Cochran Doub, Asst. Atty. Gen., Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Alan S. Rosenthal, Herbert E. Morris, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before LUMBARD, Chief Judge, and MAGRUDER and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

Alfonse Marchica, a longshoreman employed by Monti Marine Corporation, was injured in the course of his employment on March 18, 1958 aboard defendant's vessel "General Buckner." On November 16, 1959 Marchica accepted compensation from plaintiff Liberty Mutual Insurance Company, his employer's workmen's compensation insurance carrier, under an award pursuant to Section 33 (33 U.S.C.A. § 933) of...

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