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FEDERAL SUGAR REFINING CO. v. UNITED STATES

No. 86.

30 F.2d 254 (1929)

FEDERAL SUGAR REFINING CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

Theodore L. Bailey, of New York City, for appellant.

Charles H. Tuttle, U. S. Atty., and William E. Collins, Sp. Asst. U. S. Atty., both of New York City.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

As the petition was filed more than two years after the cause of suit arose, the demurrer was good, if the Suits in Admiralty Act (46 USCA §§ 741-752) gave the exclusive remedy in the premises. If, on the other hand, a petition also lies under the Tucker Act (24 Stat. 505), the petition was filed in season. This is the only question which we find it necessary to discuss. In Eastern Transportation...

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