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SMITH v. UNITED STATES

No. 9704.

346 F.2d 449 (1965)

Sarah SMITH, Administratrix of the Estate of John C. Smith, Deceased, and George Thomas Holley, Appellants, v. UNITED STATES of America and Marine Transport Lines, Inc., as owners of the U.S.N.S. POTOMAC, for exoneration from or limitation of liability, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 3, 1965.

Attorney(s) appearing for the Case

Donald E. Klein, New York City (Schwartz & O'Connell, New York City, William K. Rhodes, Jr., Wilmington, N. C., and Amato, Babalas, Breit, Cohen, Rutter & Friedman and C. Arthur Rutter, Jr., Norfolk, Va., on brief), for appellants.

Louis R. Harolds, New York City (Harvey Goldstein, New York City, on brief), for The American Trial Lawyers Ass'n, amicus curiae.

William E. Gwatkin, III, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Morton Hollander and Leavenworth Colby, Attys., Dept. of Justice, and Robert H. Cowen, U. S. Atty., on brief), for appellees.

Before BRYAN and BELL, Circuit Judges, and CHRISTIE, District Judge.

ALBERT V. BRYAN, Circuit Judge.

In this maritime cause the question is whether in its contract with the United States for the management of United States Naval Ship (USNS) Potomac, Marine Transport Lines was an "agent" within the intent of the Public Vessels Act, 46 U.S.C. §§ 781-782. The decisive term appears in the following proviso which is engrafted by and upon that act from the Suits in Admiralty Act, 46 U.S.C. §§ 741, 745, both allowing an...

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