THE KATHERINE E. ORR


49 F.2d 652 (1931)

THE KATHERINE E. ORR.

District Court, S. D. New York.

January 5, 1931.


Attorney(s) appearing for the Case

Otto & Lyon, for libellant.

Macklin, Brown, Lenahan & Speer, for claimant.


CAFFEY, District Judge.

If the suit be for salvage, it is barred by two years' limitation prescribed for bringing it, unless the court be satisfied that the delay is excusable because of unavailability of the ship for arrest. 46 USCA § 730.

It is not necessary to determine whether the statutory period is tolled by filing of the libel, issuance of process, or seizure of the ship, because, whatever the test, it was conceded at the argument that no step...

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