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SHAFTER v. UNITED STATES

No. 65 Ad. 1136.

273 F.Supp. 152 (1967)

Alfred M. SHAFTER, as next friend of the dependents and next of kin of Joaquin Farina Muniz, and for such other persons as may be similarly situated, such as dependents and next of kin of Georg Joseph Kostka, Gerhart Rudi Richard Klatt, Dieter Ahrens, Koch Lothar Ludwig Wilmes and Gunter Schikulla, and Karl-Heinz Weinhold, Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Alfred M. SHAFTER, as next friend of the dependents and next of kin of Georg Joseph Kostka, Dr. Horst Willner, as Administrator of the Estate of Georg Kostka, Deceased, the owner of the GERMAN MOTORSHIP DIRK, Albingia Versicherungs-Aktiengesellschaft, and the British Marine Mutual Insurance Association Ltd., Third-Party Defendants.

United States District Court S. D. New York.

July 26, 1967.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiffs and third-party defendant, Shafter, Bernard Shafter, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Louis E. Greco, Atty. in Charge, Admiralty and Shipping Section, Dept. of Justice, for United States, Bruno E. Ristau, Washington, D. C., Philip A. Berns, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for third-party defendants, MacDonald Deming, New York City, of counsel.

FRANKEL, District Judge.

On February 10, 1964, an American Government vessel, the USNS BLUE JACKET, collided with a fishing boat, the M/V DIRK, on the Weser River in the territorial waters of the Federal Republic of Germany. Six members of the DIRK'S seven-man crew were killed; the seventh survived, but suffered physical injuries. In this lawsuit, brought on November 16, 1965, by the surviving crew member and a representative of those whose lives were lost, recovery...

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