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McDONALD v. UNITED STATES

No. 14086.

321 F.2d 437 (1963)

Alexander McDONALD, Libelant-Appellant, v. UNITED STATES of America, Respondent-Appellee, and Bethlehem Steel Company, Impleaded Respondent-Appellee.

United States Court of Appeals Third Circuit.

Decided August 1, 1963.

Attorney(s) appearing for the Case

Seymour Margulies, Jersey City, N. J. (Herbert Winokur, Levy, Lemken & Margulies, Jersey City, N. J., on the brief), for libelant-appellant.

M. E. DeOrchis, New York City (Connell & Corridon, Jersey City, N. J., Haight, Gardner, Poor & Havens, Stephen K. Carr, New York City, on the brief), for respondent-appellee.

John F. Lynch, Jersey City, N. J. (O'Mara, Schumann, Davis & Lynch, James Dorment, Jr., Jersey City, N. J., on the brief), for impleaded respondent-appellee, Bethlehem Steel Co.

Before KALODNER, STALEY and SMITH, Circuit Judges.

WILLIAM F. SMITH, Circuit Judge.

This suit in admiralty for personal injuries was brought against the United States of America under the Public Vessels Act, 46 U.S.C.A. §§ 781-790, and against the American Export Lines under 28 U.S.C.A. § 1333(1). The alleged grounds of liability were breach of warranty of seaworthiness, and negligence. The suit against Export Lines was dismissed before answer filed, on consent of the libelant. The remaining respondent...

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