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DICK v. UNITED STATES

Cal. No. 69, Docket 81-6076.

671 F.2d 724 (1982)

Jacob DICK, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 4, 1982.

Attorney(s) appearing for the Case

Michael Kimmel, Dept. of Justice, Washington, D. C. (Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., and Edward R. Korman, U. S. Atty., Brooklyn, N. Y. on the Brief), for defendant-appellant.

Harvey Goldstein, New York City (Fuchsberg & Fuchsberg, New York City, on the Brief), for plaintiff-appellee.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

In P. Dougherty Co. v. United States, 207 F.2d 626, 633-37 (3rd Cir. 1953), cert. denied, 347 U.S. 912, 74 S.Ct. 476, 98 L.Ed. 1068 (1954), the Third Circuit held that the United States was not liable for damages resulting from the negligence of the Coast Guard during a volunteer rescue operation. Although the Good Samaritan aspect of this holding has a certain appeal, the decision has...

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