RAVENSCROFT v. UNITED STATES

No. 205.

88 F.2d 418 (1937)

RAVENSCROFT et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 1, 1937.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (D. Roger Englar and F. Herbert Prem, both of New York City, of counsel), for appellants.

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (William E. Collins, Sp. Asst. Atty., of New York City, of counsel), for the United States.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

A prior action was brought by these libelants against the respondent in the Court of Claims which was tried before it was decided in Johnston et al. v. Fleet Corporation et al., 280 U.S. 320, 50 S.Ct. 118, 74 L.Ed. 451, that the exclusive remedy was under the Suits in Admiralty Act (46 U. S.C.A. § 741 et seq.). That suit was dismissed (71 Ct.Cl. 766) for want of jurisdiction though the dismissal was also put...

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