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FORESTEL v. UNITED STATES

Civ. A. Nos. 11856, 11857.

261 F.Supp. 269 (1966)

Theora L. FORESTEL, widow of William M. Forestel, Individually, and for the Use and Benefit of her minor children, Jeffery E. Forestel, Ann T. Forestel, Jean M. Forestel and James P. Forestel, Plaintiffs, v. The UNITED STATES of America, Dr. John Doe and the A. B. C. Insurance Company, Defendants. Theora L. FORESTEL, Administratrix of the Estate of William M. Forestel, Plaintiff, v. PENN NAVIGATION COMPANY, Inc., Penn Shipping Company, Inc. and Roe Insurance Company, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

November 4, 1966.

Attorney(s) appearing for the Case

Roland J. Sternfels, Chester Eggleston, New Orleans, La., for plaintiffs in Civil Action No. 11856.

Kierr & Gainsburgh, Raymond H. Kierr, Eldon E. Fallon, Kent A. Russell, New Orleans, La., for plaintiff in Civil Action No. 11857.

Ernest N. Morial, Asst. U. S. Atty., for the United States.

Chaffe, McCall, Phillips, Burke, Toler & Hopkins, Leon Sarpy, James G. Burke, Jr., George A. Kimball, New Orleans, La., for Penn Navigation Co., Inc., and Penn Shipping Co., Inc.

AINSWORTH, Circuit Judge:*

These two consolidated suits were filed by separate counsel on behalf of the widow and minor children of William M. Forestel and grow out of his death on January 6, 1961, while he was acting as third officer on board the SS PENN TRANSPORTER.

The first suit was filed against the United States of America under the Federal Tort Claims Act (28 U.S.C. §§ 1346 (b), 2671 et seq.) and charges that the...

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