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UNITED STATES v. NORTHERN METAL COMPANY

No. 197 of 1963.

227 F.Supp. 396 (1963)

UNITED STATES of America, Libelant, v. NORTHERN METAL COMPANY, Respondent.

United States District Court E. D. Pennsylvania.

As Amended January 9, 1964.

Attorney(s) appearing for the Case

Drew J. T. O'Keefe, U. S. Atty., Sidney Salkin, Asst. U. S. Atty., Philadelphia, Pa., Alan Raywid, and Daniel E. Leach, Admiralty & Shipping Sec., Dept. of Justice, Washington, D. C., for libelant.

John B. Brumbelow, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., for respondent.

BODY, District Judge.

On May 1, 1959 one Albert Mascuilli, a longshoreman employed by respondent, was injured and as a result subsequently died. His estate brought suit on June 4, 1959 against the United States of America alleging that the vessel, USNS MARINE FIDDLER, was liable.

On March 11, 1963 libellant filed the instant action which is based on the theory that respondent is legally obligated to indemnify the United States.

There is no doubt that...

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