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BLUMENTHAL v. UNITED STATES

No. 13635.

306 F.2d 16 (1962)

Sydney H. BLUMENTHAL, Administrator of the Estate of Donald W. Eastridge, Deceased, Libellant, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals Third Circuit.

Decided July 12, 1962.

Attorney(s) appearing for the Case

Sherman L. Cohn, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Joseph S. Lord, III, U. S. Atty., Alan S. Rosenthal, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellant.

Milton M. Borowsky, Philadelphia, Pa. (Abraham E. Freedman, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for respondent.

Before KALODNER, STALEY and SMITH, Circuit Judges.

STALEY, Circuit Judge.

Donald W. Eastridge, an employee of the Philco Corporation, was assigned as a technical representative of the Air Force in the Far East under a contract between Philco and the United States. In pursuance of his duties, Eastridge boarded a Marine Corps airplane in Korea for travel to Japan. While over the Sea of Japan, engine trouble necessitated a bail-out by all passengers, including Eastridge, who...

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