SWENARSKI v. UNITED STATES

No. 26692.

124 F.Supp. 200 (1954)

Rudolph SWENARSKI, Libelant, v. UNITED STATES of America, Respondent.

United States District Court N. D. California, S. D.

March 22, 1954.


Attorney(s) appearing for the Case

Proctor for Libelant: L. C. Gay, San Francisco, Cal.

Proctor for Respondent: Lloyd H. Burke, U. S. Atty., San Francisco, Cal.


GOODMAN, District Judge.

The principal issue in this cause is whether libelant has a cause of action for maintenance against the United States under the Public Vessels Act, 46 U.S. C.A. § 781 et seq. The United States contends that the court lacks jurisdiction of the cause because libelant's exclusive remedy is under the Federal Employees' Compensation Act. See Section 7(b) of the Act as amended, 63 Stat. 861, 5 U.S. C.A. § 757(b).

The record shows...

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