MARKLE v. UNITED STATES

No. 683.

8 F.2d 90 (1925)

MARKLE et al. v. UNITED STATES.

District Court, S. D. Texas, Houston Division.

August 1, 1925.


Attorney(s) appearing for the Case

Lockhart, Hughes, Lockhart & Rayzor, of Galveston, Tex., and Fouts & Patterson, of Houston, Tex., for plaintiffs.

Franklin & Blankenbecker and H. M. Holden, U. S. Dist. Atty., all of Houston, Tex., for the United States.


HUTCHESON, District Judge.

This suit was filed against the United States for damages arising out of a breach of contract, and is brought at law under the Tucker Act (24 Stat. 505). The defendant excepts to the petition, claiming that the Suits in Admiralty Act (Comp. St. Ann. Supp. 1923, §§ 1251¼-1251¼l) furnishes the exclusive remedy, and, if the suits can be maintained at common law, it is yet barred by the two-year period prescribed in...

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