MASCUILLI v. UNITED STATES

No. 13745.

313 F.2d 764 (1963)

Helen MASCUILLI, Administratrix of The Estate of Albert Mascuilli, Deceased, v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Reargued September 20, 1962.

Decided February 15, 1963.

Rehearing Denied March 21, 1963.


Attorney(s) appearing for the Case

Alan Raywid, Dept. of Justice, Admiralty & Shipping Section, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Abraham E. Freedman, Philadelphia, Pa. (Wilfred R. Lorry, Charles Sovel, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

Reargued before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.


KALODNER, Circuit Judge.

Did a district court judge err when, in a wrongful death action in admiralty which alleged unseaworthiness and negligence, he entered a Pre-Trial Order which resolved the issue of liability in favor of the libellant and directed that the trial of the cause be restricted exclusively to the issue of damages?

That question is presented on this appeal from a subsequent decree entering judgment in favor of the libellant and against the...

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