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PACIFIC-ATLANTIC STEAMSHIP COMPANY v. UNITED STATES

No. 1722.

127 F.Supp. 931 (1955)

PACIFIC-ATLANTIC STEAMSHIP COMPANY, Libellant, v. UNITED STATES of America, Respondent.

United States District Court, D. Delaware.

January 3, 1955.

Attorney(s) appearing for the Case

S. Samuel Arsht (of Morris, Steel, Nichols & Arsht), Wilmington, Del., and William I. Denning (of Denning & Wohlstetter), Washington, D. C., for libellant.

Leonard G. Hagner, U. S. Atty., Wilmington, Del., Leavenworth Colby and Hubert H. Margolies, Attys., Dept. of Justice, of Washington, D. C., for respondent.

LEAHY, Chief Judge.

Libellant sues to recover money paid to the Government. The action was originally brought under the Suits in Admiralty Act, 46 U.S.C.A. §§ 741-746 in the federal court in the District of Columbia. There respondent filed a motion to dismiss based on a two year statute of limitations. After argument on the motion, libellant was allowed to amend the libel. Motion to dismiss was renewed, argument was had, and the motion was denied. The suit...

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