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SOMERSET SEAFOOD CO. v. UNITED STATES

Civ. A. No. 4912.

95 F.Supp. 298 (1951)

SOMERSET SEAFOOD CO. v. UNITED STATES.

United States District Court D. Maryland, Civil Division.

January 18, 1951.

Attorney(s) appearing for the Case

William Pepper Constable, John D. Alexander, Donald D. Webster, Baltimore, Md., for plaintiff.

Bernard J. Flynn, U. S. Atty., James B. Murphy, Asst. U. S. Atty., Baltimore, Md., Thomas F. McGovern, Sp. Asst. to Atty. Gen., for defendant.

CHESNUT, District Judge.

This case presents another novel question under the Federal Tort Claims Act. 28 U.S.C.A. §§ 1346, 2671 et seq. On October 15, 1949, about 4 A.M., a power operated oyster boat belonging to the plaintiff, stranded on the submerged wreck of the old battleship Texas which, in 1911 had been intentionally sunk as the result of target practice in the lower Chesapeake Bay in Virginia waters. The plaintiff contends that the buoy marking the...

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