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CITY OF NEW YORK v. McALLISTER BROTHERS, INC.

No. 320, Docket 25843.

278 F.2d 708 (1960)

CITY OF NEW YORK, as Owner of the Brooklyn Bridge, Libelant-Appellee, v. McALLISTER BROTHERS, INC., Respondent-Appellant, and United States of America, Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided May 17, 1960.

Attorney(s) appearing for the Case

Eugene J. Keefe, New York City (Seymour B. Quel, Charles H. Tenney, New York City, on the brief), for libelant-appellee.

Christopher E. Heckman, New York City (Foley & Martin, New York City, on the brief), for respondent-appellant.

Capt. Morris G. Duchin, USN, Special Atty., Admiralty and Shipping Section, Dept. of Justice, New York City (George Cochran Doub, Asst. Atty. Gen., Washington, D. C.; S. Hazard Gillespie, Jr., U. S. Atty., Southern District of New York, New York City; Samuel D. Slade, Chief, Appellate Section, Civil Division, Dept. of Justice, Washington, D. C.; Benjamin H. Berman, Atty. in Charge, New York Office, Admiralty & Shipping Section, Dept. of Justice, New York City, on the brief), for respondent-impleaded-appellee.

Before LUMBARD, Chief Judge, MEDINA, Circuit Judge and JAMESON, District Judge.

LUMBARD, Chief Judge.

McAllister Brothers, Inc., respondent in a libel in admiralty brought by the City of New York, appeals from an order of the district court dismissing its petition to implead the United States because it failed to serve the petition upon the government "forthwith," as required by § 2 of the Suits in Admiralty Act, 46 U.S.C.A. § 742. The libel was filed by the City on December 18, 1958, to recover for damages to the Brooklyn Bridge allegedly...

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