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RAPPENECKER v. UNITED STATES

Nos. C-76-0298-WWS, C-76-0422-WWS, C-77-0565-WWS and C-77-0939-WWS.

509 F.Supp. 1024 (1980)

Alfred J. RAPPENECKER, Albert Minichiello, Darryl V. Kastl, Frank Conway, and Raymond Paul Friedler, Jr., Plaintiffs, v. UNITED STATES of America, Defendant. Carol A. SCHMIDT, As Administratrix of the Estate of Earl C. Gilbert, Plaintiff, v. UNITED STATES of America, Defendant. Juan P. SANCHEZ and Wilbert N. Bock, Plaintiffs, v. UNITED STATES of America, Defendant. Francis PASTRANO, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. California.

July 8, 1980.

Attorney(s) appearing for the Case

Martin J. Jarvis, Jarvis, Miller, Brodsky & Baskins, Inc., San Francisco, Cal., for plaintiffs.

G. William Hunter, U. S. Atty., Philip A. Berns, Warren A. Schneider, Attys., Torts Branch, Civil Division, Dept. of Justice, San Francisco, Cal., John Perruzzi, Defence Mapping Agency, William E. Gwatkin, III, Admiralty & Shipping Section, U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OF OPINION AND ORDER

WILLIAM W. SCHWARZER, District Judge.

These are actions by former crewmen of the S. S. Mayaguez against the United States under the Suits in Admiralty Act (SIAA), 46 U.S.C. Section 742. Jurisdiction exists under 28 U.S.C. Section 1333(1). Plaintiffs seek damages for personal injuries allegedly suffered during United States military operations in response to the seizure of the Mayaguez by Cambodian gunboats on May 12, 1975...

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