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NUSBAUM v. UNITED STATES

144 F.Supp. 744 (1956)

Simon J. NUSBAUM, as Ancillary Administrator of the Estate of Edward J. Vaerten, Deceased, Libelant, v. UNITED STATES of America and The United States Maritime Commission as successor to the War Shipping Administration, under the provisions of the Merchant Marine Act as amended (U.S. C.A. Tit. 46, Sec. 1128), Respondents.

United States District Court S. D. New York.

June 27, 1956.

Attorney(s) appearing for the Case

George D. Cohen, New York City, proctor for libelant.

Paul W. Williams, U. S. Atty., for the Southern Dist. of New York, New York City, proctor for respondents, Martin J. Norris, Atty., Dept. of Justice, Washington, D. C., of counsel.

PALMIERI, District Judge.

Libelant sues as administrator of the insured's estate to recover under a Crew Life & Injury Policy issued by the United States under the provisions of The Merchant Marine Act, 46 U.S.C. § 1128, 46 U.S.C.A. § 1128. The Government has excepted to the libel on the ground that it is barred by the applicable statute of limitations.

The insured seaman lost his life when his ship was torpedoed and sunk on October 29, 1942...

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