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SHERMAN v. UNITED STATES

No. 65-C-289.

283 F.Supp. 269 (1968)

Frederick E. SHERMAN, an infant under the age of 14 years, by his Next Friend, Earl Sherman, and Earl Sherman, Individually, Libelants, v. UNITED STATES of America, Respondent.

United States District Court E. D. Wisconsin.

April 30, 1968.

Attorney(s) appearing for the Case

Alexis J. Rogoski and Robert Bunker Rogoski, Muskegon, Mich., August E. Fabyan, Jr., Pewaukee, Wis., for libelants.

James B. Brennan, U. S. Atty., by Robert J. Lerner, Asst. U. S. Atty., Milwaukee, Wis., Thomas J. Boyle, Admiralty & Shipping Section, United States Department of Justice, Washington, D. C., for respondent.

DECISION AND ORDER

REYNOLDS, District Judge.

I. BACKGROUND

This action is one in admiralty. The libelant (plaintiff), Frederick E. Sherman, alleged that he sustained certain injuries while a guest aboard the U.S.S. Portage and that these injuries were caused by the negligence of the crew. This case was tried to the court on December 18, 1967.

II. UNDISPUTED FACTS

On June 30, 1962, Frederick E. Sherman was 11 years old. Shortly...

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