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PENN TANKER COMPANY v. UNITED STATES

No. 25382.

409 F.2d 514 (1969)

PENN TANKER COMPANY, Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. PENN TANKER COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 21, 1969.

Attorney(s) appearing for the Case

Carl O. Bue, Jr., Royston, Rayzor & Cook, Ben L. Reynolds, Houston, Tex., for Penn Tanker Co.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Walter H. Fleischer, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton L. Susman, U. S. Atty., for the United States.

Before ALDRICH, GODBOLD and DYER, Circuit Judges.

DYER, Circuit Judge:

Penn Tanker Company, owner of the S. S. Penn Challenger, having settled a state court Jones Act1 suit brought against it for the injury and death of a seaman, sought full indemnity against the United States under the Federal Tort Claims Act2 asserting that although the shipowner was negligent, the Government's subsequent wrongs caused all of the damages. From a judgment of the

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