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BATTAGLIA v. UNITED STATES

No. 330, Docket 27443.

303 F.2d 683 (1962)

James BATTAGLIA, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 4, 1962.

Attorney(s) appearing for the Case

Frank Serri, Brooklyn, N. Y. (Vincent J. Lumia, Brooklyn, N. Y., on the brief), for libelant-appellant.

Jerome I. Levinson, Attorney, Department of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., John G. Laughlin, Attorney, Department of Justice, Washington, D. C., Robert M. Morgenthau, U. S. Atty. for Southern District of New York, on the brief), for respondent-appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Libelant-appellant appeals from an order granting the respondent-appellee's (the Government) summary judgment motion pursuant to Rule 58(b), Rules of Practice in Admiralty and Maritime Cases, 28 U.S.C.A., dismissing the libel on the grounds that libelant failed to effect service of process on the United States in that he failed to serve a copy of the libel on the Attorney General of the United States and file an affidavit of service...

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