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SHUMAN v. UNITED STATES

No. 84-1884.

765 F.2d 283 (1985)

Edythe SHUMAN, Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 26, 1985.

Attorney(s) appearing for the Case

David S. Fishback, Washington, D.C., with whom Peter A. Nowinski, Sp. Litigation Counsel, Gail Killefer, Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., William F. Weld, U.S. Atty., Boston, Mass., Robert S. Greenspan and Marc Richman, Appellate Staff, Dept. of Justice, Washington, D.C., were on brief, for defendant, appellant.

Edward T. Dangel, III, Boston, Mass., with whom Dangel & Sherry, P.C., Boston, Mass., was on brief, for plaintiff, appellee.

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

BOWNES, Circuit Judge.

In this action, plaintiff Edythe Shuman, who is administrator of the estate of her husband, George Shuman, claims that the United States is liable in damages pursuant to the Federal Tort Claims Act for the asbestos-induced injuries that led to his death. At the conclusion of a bench trial, the district court held the United States liable for shipowner negligence under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §...

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