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KAKARA v. UNITED STATES

No. 11245.

157 F.2d 578 (1946)

KAKARA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

As Amended October 18, 1946.

Attorney(s) appearing for the Case

Gladstein, Andersen, Resner, Sawyer & Edises, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and Leavenworth Colby, Admiralty & Shipping Section, Department of Justice, both of San Francisco, Cal. (John H. Black, Edw. R. Kay, and Henry W. Schaldack, all of San Francisco, Cal., of counsel), for appellee.

Before DENMAN, HEALY, and ORR, Circuit judges.

DENMAN, Circuit Judge.

This is an appeal from a decree dismissing a libel in personam against the appellee, brought under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., because not filed within the two year period of limitation provided in § 5 of that Act as amended in 1932 to read:

"Suits [as] authorized [in] this chapter * * * shall be brought within two years after the cause of action arises."

The cause of action in the libelant...

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