LIBERTY MUTUAL INSURANCE COMPANY v. UNITED STATES


143 F.Supp. 44 (1956)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 17, 1956.


Attorney(s) appearing for the Case

John P. Smith, New York City, Leland Beck, Ithaca, N. Y., of counsel, for plaintiff.

Paul W. Williams, U. S. Atty., by Ruth Kearney, Asst. U. S. Atty., New York City, for defendant.


WEINFELD, District Judge.

The defendant, appearing specially, moves to dismiss the complaint on the grounds that: (1) the suit is cognizable only in admiralty; (2) the suit is time barred; and (3) the suit is for a penalty not recoverable against the Government since it has not waived sovereign immunity with respect to suits for penalties.

The complaint alleges that: the plaintiff was the workmen's compensation insurance carrier for the Imparato Stevedoring...

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