WELSH, District Judge.
The contentions urged by respondent in support of its exceptive allegations and motion to dismiss are discussed and disposed of below.
1. Respondent's first contention is that libellant has failed to allege the existence of a prior suit or action or the timely commencement thereof, and consequently libellant in the present suit is not entitled to the provision of the Suits in Admiralty Act, as amended, 46 U.S.C.A. § 741 et seq....
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