FRANK & HIRSCH DISTRIBUTING CO. v. UNITED STATES


76 F.Supp. 501 (1947)

FRANK & HIRSCH DISTRIBUTING CO. (PTY.), Limited, v. UNITED STATES.

District Court, S. D. New York.

November 28, 1947.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (John W. R. Zisgen, of New York City, of counsel), for libelant.

John F. X. McGohey, U. S. Atty., of New York City (Kirlin, Campbell, Hickox & Keating and Walter P. Hickey, all of New York City, of counsel), for respondent.


COXE, District Judge.

The respondent's exceptions to the libel are sustained. Under Sec. 2 of the Suits in Admiralty Act, 46 U.S.C.A. § 742, suit against the United States must be brought in the District Court for the District "in which the parties so suing, or any of them, reside or have their principal place of business in the United States, or in which the vessel or cargo charged with liability is found." The libel contains no allegations to satisfy these...

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