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BOVELL v. UNITED STATES, DEPT. OF DEFENSE

No. 83-1733.

735 F.2d 755 (1984)

Robert I. BOVELL and Beverly Bovell, Appellants, v. UNITED STATES of America, DEPARTMENT OF DEFENSE.

United States Court of Appeals, Third Circuit.

Decided May 31, 1984.

Attorney(s) appearing for the Case

S. Stanton Miller, Jr., Brett K. Kates, Dunn & Miller, Media, Pa., for appellants.

Stanley Weinberg, Asst. U.S. Atty., Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Philadelphia, Pa., for appellees.

Before GARTH and SLOVITER, Circuit Judges, and NEAHER, District Judge.

Submitted Under Third Circuit Rule 12(6) May 22, 1984.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Plaintiffs, who are husband and wife, brought suit on May 6, 1982 against the United States for injuries plaintiff husband received on December 3, 1979 while aboard the U.S.S. Portland, a public vessel, owned, possessed, and controlled by the United States. On that date the ship was moored at Sun Shipbuilding and Dry Dock Co. (Sun) for...

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