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DALEHITE v. UNITED STATES.

No. 308.

346 U.S. 15 (1953)

73 S.Ct. 956

97 L.Ed. 1427

DALEHITE ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided June 8, 1953.

Attorney(s) appearing for the Case

John Lord O'Brian and Howard C. Westwood argued the cause for Dalehite et al., petitioners. With them on the brief were Thomas Fletcher, Neth L. Leachman, T. E. Mosheim, John R. Brown, M. S. McCorquodale, Vernon Elledge, Wm. Merrick Parker, W. Graham Claytor, Jr. and Stanley L. Temko.

Austin Y. Bryan, Jr. argued the cause for the Pan-American Refining Corporation et al., petitioners. With him on the brief were George D. Vail, Jr. and David Bland.

Morton Liftin and Oscar H. Davis argued the cause for the United States. With them on the brief were Acting Solicitor General Stern, Assistant Attorney General Burger, Judge Advocate General Brannon, Assistant Judge Advocate General Mickelwait, Paul A. Sweeney, Marvin E. Frankel, Massillon M. Heuser, Morton Hollander, Herman Marcuse, Lester S. Jayson, Cornelius J. Peck, Eberhard P. Deutsch, Burton K. Philips and William I. Connelly.

MR. JUSTICE REED delivered the opinion of the Court.

Petitioners seek damages from the United States for the death of Henry G. Dalehite in explosions of fertilizer with an ammonium nitrate base, at Texas City, Texas, on April 16 and 17, 1947. This is a test case, representing some 300 separate personal and property claims in the aggregate amount of two hundred million dollars. Consolidated trial was had in the District Court for the Southern District of Texas on the...

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