Helen Mascuilli, Administratrix of the Estate of Albert Mascuilli, Deceased v. United States
Helen MASCUILLI, Administratrix of the Estate of Albert Mascuilli, Deceased, Appellant, v. UNITED STATES of America
Opinion
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 *82 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, 873-874 (1969).
The district court, 343 F.Supp. 439 , 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 disrgearded 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.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 7 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.