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DESMOND v. UNITED STATES

105 F.Supp. 9 (1952)

DESMOND v. UNITED STATES.

United States District Court S. D. New York.

June 9, 1952.

Attorney(s) appearing for the Case

Harry Eisenberg, New York City, for libelant.

Myles J. Lane, U. S. Atty., New York City (Tompkins, Boal & Tompkins, New York City, of counsel), for respondent.

WEINFELD, District Judge.

Respondent, United States of America, has filed exceptions to the libel as barred by the two-year statute of limitations of the Suits in Admiralty Act, 46 U.S.C.A. § 745, and the Public Vessels Act, 46 U.S.C.A. § 782. Preliminarily, we consider libelant's attack upon the timeliness of the exceptions. The circumstances set forth in the affidavit of respondent's counsel are sufficient to explain the default, if any. Rule 11 of the...

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