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MASCUILLI v. UNITED STATES

No. 17428.

411 F.2d 867 (1969)

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

United States Court of Appeals Third Circuit.

Decided June 6, 1969.

Attorney(s) appearing for the Case

Martin J. Vigderman, Freedman, Borowsky & Lorry, Philadelphia, Pa. (Abraham E. Freedman, Philadelphia, Pa., on the brief), for appellant.

Harvey M. Katz, Atty., Dept. of Justice, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before KALODNER, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This unfortunately protracted lawsuit comes to this court for the third time. Appellant, as administratrix for a deceased longshoreman, filed a libel in admiralty in 1959 seeking damages from appellee, United States (Government), under both the Pennsylvania Death and Survival Acts.1 The longshoreman was killed while employed aboard the USNS...

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