U.S. Court of Appeals for the Fifth Circuit, 1974

Beaucoudray v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided March 6, 1974

490 F.2d 86; 1974 A.M.C. 2227; 1974 U.S. App. LEXIS 9790 (Federal Reporter, Second Series)

Counsel

Joseph A. Gladney, Baton Rouge, La., James H. Morrison, Hammond, La., for plaintiffs-appellants., Douglas M. Gonzales, U. S. Atty., Baton Rouge, La., Alfred H. 0. Boudreau, Trial Atty., Admiralty & Shipping Section, Morton Hollander, Neil H. Koslowe, Dept, of Justice, Washington, D. C., for defendant-appellee.

Cases that cite this one

22 later published cases cite this decision. The 21 that cite it most often are listed here.

Cummings v. Department of the Navy (D.C. Cir. 2002)
James E. McCormick and Carol Ann McCormick Etc. v. United States (5th Cir. 1981)
Watkins v. United States (United States District Court for the Southern District of Georgia 1977)
Hall v. United States (District Court, S.D. Mississippi 2000)
Miller v. United States (5th Cir. 1995)
David E. Elliott, Jr., an Incapacitated Adult by and Through His Guardian, Barbara v. Elliott, Barbara v. Elliott, Individually v. United States (11th Cir. 1994)
Blakey v. Iowa (4th Cir. 1993)
Blakey v. U.S.S. Iowa (4th Cir. 1993)
Seals v. United States (United States District Court for the Southern District of Florida 1989)
Christy Cole, Individually and as Personal Representative of the Estate of Robert E. Cole, Deceased and Helen Cole v. United States (11th Cir. 1985)
In re Ocean Ranger Sinking Off Newfoundland (United States District Court Eastern District of Louisiana 1985)
Debra Adams, Individually and as Tutrix of Stella Adams and Bernita Holmes, Tutrix of Chavelle Oatis v. United States of America (5th Cir. 1984)
Thomas Cusanelli v. Leonard Klaver, and Perko Manufacturing Corp., Perkins Marine Lamp & Hardware Corp., and Perko, Inc. (2d Cir. 1983)
John Potts v. United States (6th Cir. 1983)
McCaleb v. United States (District Court, M.D. Tennessee 1983)
Seveney v. United States Government, Department of the Navy (District Court, D. Rhode Island 1982)
Cusanelli v. Klaver (District Court, E.D. New York 1982)
Parker v. United States (5th Cir. 1980)
Charland v. United States (9th Cir. 1980)
Parker v. United States (5th Cir. 1980)
Charland v. United States (9th Cir. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

The appellants, parents of Eugene H. Beaucoudray, III, filed a complaint under the Federal Tort Claims Act1 against the United States for damages resulting from the alleged wrongful death of their son who, while on active duty with the United States Coast Guard, fell overboard and drowned. The deceased was serving on the U. S. Coast Guard Cutter “Staten Island”, which was located off the coast of the State of Washington at the time he was drowned. On the defendant’s motion the district court dismissed the action holding that under Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152, and Bankston v. United States, 480 F.2d 495 (C.A. 5, 1973), “[t]he Federal Tort Claims Act is not extended to servicemen when the death or injuries complained of arise out of or in the course of activity incident to their military service”.

Neither do we find merit in the appellants’ contention that even if no recovery could be had under the Federal Tort Claims Act that the claim was cognizable under the Suits in Admiralty Act, 46 U.S.C. § 742 et seq. (1970), and the Public Vessels Act, 46 U.S.C. § 781 et seq. (1970).

Affirmed.

. 28 U.S.C. § 1346(b).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.