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Mascuilli v. United States .

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


July 31, 1973

HELEN MASCUILLI, ADMINISTRATRIX OF THE ESTATE OF ALBERT MASCUILLI, DECEASED, APPELLANT,
v.
UNITED STATES OF AMERICA.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Before KALODNER, ALDISERT and ADAMS, Circuit Judges.

Opinion OF THE COURT

Per Curiam:

The instant appeal arises out of the death of a longshoreman on May 1, 1959 while employed on the USNS Marine Fiddler in the Port of Philadelphia.

We remanded the case for a new hearing and determination of the issue of damages some four years ago when it came before us for the third time. In doing so we directed the district court to compute earnings of the deceased longshoreman and to "employ when applicable and relevant the actual figures rather than estimates." Mascuilli v. United States, 411 F.2d 867, 873-74 (1969).

The district court in calculating loss of earnings used "estimates" instead of "actual" figures, despite the fact that salary figures for longshoremen from the date of death to the date of hearing were adduced in evidence. In doing so it disregarded our explicit directions.

For the reason stated the judgment of the district court will be reversed and the cause remanded with directions to proceed forthwith in accordance with our stated prior instructions to use actual figures, and not estimates, in calculating loss of earnings.

We deem without merit other contentions advanced by the appellant.

19730731

© 1998 VersusLaw Inc.



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