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SMITH v. UNITED STATES

No. 9405.

336 F.2d 165 (1964)

Robert Bernard SMITH, Appellee and Cross-Appellant, v. UNITED STATES of America, Appellant and Cross-Appellee, v. WHITEHALL TERMINAL CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 24, 1964.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va., for appellee and cross-appellant.

John W. Douglas, Asst. Atty. Gen. of United States (Claude V. Spratley, Jr., U. S. Atty., and Sherman L. Cohn and Edward Berlin, Attorneys, Department of Justice, on brief), for appellant and cross-appellee.

William B. Eley, Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, J. SPENCER BELL, Circuit Judge, and HEMPHILL, District Judge.

SOBELOFF, Chief Judge:

Libelant, Robert Bernard Smith, a longshoreman employed by the Whitehall Terminal Corporation, filed an action under the Suits in Admiralty Act, 46 U.S. C.A. § 741 et seq., to recover damages for personal injuries sustained while working aboard the USNS GOLDEN EAGLE, a vessel owned by the United States. A third-party complaint was thereafter brought by the United States against Whitehall for indemnity on the alternate grounds of breach...

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