Daniel A. Desmond, Libelant-Appellee-Appellant v. United States of America, Respondent-Appellant-Appellee

FRANK, Circuit Judge.

1. We affirm the trial judge’s dismissal of the negligence action on the basis of his excellent opinion, reported in 105 F.Supp. 9.

2. He found that libelant had reached “the point of maximum cure” on August 26,1951, exactly five years after his admission to the U. S. Marine Hospital. But the evidence introduced by libelant shows his condition to have been incurable — and recognized as incurable — before the period for which maintenance and cure have been allowed. Libelant’s sole medical witness was a physician who had not treated him but had examined him in 1948 and again…