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LUCKENBACH STEAMSHIP CO. v. UNITED STATES

No. 156, Docket 27777.

312 F.2d 545 (1963)

LUCKENBACH STEAMSHIP CO., Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided January 11, 1963.

Attorney(s) appearing for the Case

J. Franklin Fort, of Kominers & Fort, Washington, D. C. (Israel Convisser, Washington, D. C., of counsel; Norman M. Barron, of Burlingham, Underwood, Barron, Wright & White, New York City, on the brief), for appellant.

Lawrence F. Ledebur, Department of Justice, Washington, D. C. (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Vincent L. Broderick, Acting U. S. Atty., Morton Hollander and Leavenworth Colby, Washington, D. C., on the brief), for appellee.

Before WATERMAN, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge.

In this action the plaintiff seeks a declaration that it is not liable to the defendant on a claim which has been asserted by the defendant, but on which the defendant has failed to bring suit. The district court granted defendant's motion for summary judgment on the ground that plaintiff's claim is time-barred by reason of the provisions of the limitations section of the Suits in Admiralty Act, 46 U.S.C. § 745. We reverse this determination...

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