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United States v. Shafter

United States Court of Appeals, Second Circuit
Apr 1, 1970
424 F.2d 281 (2d Cir. 1970)

Opinion

No. 660, Docket 34340.

Argued March 31, 1970.

Decided April 1, 1970.

Francis J. Nicosia, New York City, for appellants.

Bruno Ristau, Washington, D.C. (William D. Ruckelshaus, Asst. Atty. Gen., Whitney North Seymour, Jr., U.S. Atty., New York City, Morton Hollander, Philip A. Berns, Attys., Dept. of Justice, Washington, D.C., on the brief), for appellee.

Before KAUFMAN and FEINBERG, Circuit Judges, and TIMBERS, District Judge.

Chief Judge of the District of Connecticut, sitting by designation.


Although we affirmed this case in open court we believe it advisable briefly to set forth our reasons.

We have jurisdiction to hear this appeal on two alternate grounds: (1) on the assumption that the application before the lower court may be treated as one for intervention as of right, and (2) that the proper evidence of substitution of attorneys and representatives, though not before Judge Mansfield at the time of his opinion, has been subsequently filed.

Upon the merits, we affirm on Judge Mansfield's thorough opinion, reported at 49 F.R.D. 164 (1969). We believe that the wrongful death and personal injury counterclaim was covered by the NATO-SOFA agreement, and thus not within the jurisdiction of the District Court. See Shafter v. United States, 273 F. Supp. 152, 153-156 (S.D.N.Y. 1967), aff'd per curiam, 400 F.2d 584 (2d Cir. 1968), cert. denied, 393 U.S. 1086, 89 S.Ct. 871, 21 L.Ed.2d 779 (1969).

Appellant appears to have abandoned his counterclaim for lost business; in any case he does not urge that we review that portion of the judgment on appeal.


Summaries of

United States v. Shafter

United States Court of Appeals, Second Circuit
Apr 1, 1970
424 F.2d 281 (2d Cir. 1970)
Case details for

United States v. Shafter

Case Details

Full title:UNITED STATES of America, as Owner of the USNS BLUE JACKET, Appellee, v…

Court:United States Court of Appeals, Second Circuit

Date published: Apr 1, 1970

Citations

424 F.2d 281 (2d Cir. 1970)

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