ALCOA STEAMSHIP CO. v. UNITED STATES

Adm. 164-154.

94 F.Supp. 406 (1950)

ALCOA STEAMSHIP CO. v. UNITED STATES.

United States District Court, S. D. New York.

December 5, 1950.


Attorney(s) appearing for the Case

Wood, Molloy, France & Tully, New York City (Melville J. France and Henry P. Molloy, Jr., New York City, of counsel), for libelant.

Irving H. Saypol, U. S. Atty., New York City (Benjamin H. Berman, Atty., Dept. of Justice, Washington, D. C., of counsel), for respondent.


COXE, District Judge.

This is an exception to the libel on the ground that the court lacks jurisdiction because of the failure to institute the suit within two years after the cause of action arose, as required by the Suits in Admiralty Act, 46 U.S.C.A. § 745.

The suit is for damages alleged to have been sustained as a result of the delivery to the libelant by the respondent, under a demise charter, of the S/S "Stephen W. Gambrill", in which there were...

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