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DIETRICH v. UNITED STATES

No. 85.

80 F.2d 207 (1935)

DIETRICH v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

de Forest, Cullom & Elder, of New York City (James E. Freehill, of New York City, of counsel), for appellant.

F. W. H. Adams, U. S. Atty., and William E. Collins, Sp. Asst. U. S. Atty., both of New York City, for the United States.

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

L. HAND, Circuit Judge.

This is an appeal from a decree in the admiralty dismissing a libel against the Fleet Corporation filed under section 2 of the Suits in Admiralty Act (section 742, title 46, U.S.Code [46 U.S.C.A. § 742]). The libel laid a good cause of suit for breach of contract in 1921 because of the deviation of a vessel owned by the Fleet Corporation; but, as it was filed on December 23, 1932, it was too late, unless saved by the amendment of June...

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