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GORDON v. LYKES BROS. S.S. CO., INC.

No. 87-3015.

835 F.2d 96 (1988)

Nathan GORDON and Lillian Gordon, His Wife, Plaintiffs-Appellants, v. LYKES BROTHERS STEAMSHIP CO., INC., et al., Defendants, United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 24, 1988.

Attorney(s) appearing for the Case

Scott R. Bickford, John R. Martzell, Martzell & Thomas, New Orleans, La., Allen D. Fuller, Miami Beach, Fla., for plaintiffs-appellants.

Gregory C. Sisk, Robert S. Greenspan, Attys., Civ. Div., Washington, D.C., for U.S.

Before SNEED, REAVLEY, and JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 24, 1988.

SNEED, Circuit Judge:

Gordon, a former merchant seaman, and his wife brought suit in admiralty against the United States for injuries contracted from exposure to asbestos on government ships during World War II. The district court dismissed the claim on summary judgment. It held that the discretionary function exception to waivers of sovereign immunity applied to claims under the Suits in Admiralty...

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