GERCEY v. UNITED STATES

No. 76-1137.

540 F.2d 536 (1976)

Michael B. GERCEY et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided August 19, 1976.


Attorney(s) appearing for the Case

Abraham Goldstein, Providence, R. I., for appellants.

Mark N. Mutterperl, Atty., Appellate Section, Civ. Div., Dept. of Justice, with whom Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Lincoln C. Almond, U. S. Atty., Providence, R. I., and Robert E. Kopp, Atty., Appellate Section, Washington, D. C., Dept. of Justice, were on brief for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

Plaintiffs-appellants are the parents of Steven Gercey, who drowned when the motor vessel COMET sank off Port Judith, Rhode Island on May 19, 1973. They instituted this wrongful death action against the United States under the Suits in Admiralty Act, 46 U.S.C. §§ 741-52,1 alleging that the Coast Guard had, by its negligence, caused their son's death. They contended...

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