PHILADELPHIA NATIONAL BANK v. UNITED STATES

No. 26734.

411 F.2d 747 (1969)

The PHILADELPHIA NATIONAL BANK, Plaintiff-Appellant, v. UNITED STATES of America; Broward Marine, Inc., et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 7, 1969.


Attorney(s) appearing for the Case

L. L. Robinson, Miami, Fla., for appellant.

William A. Meadows, U. S. Atty., Miami, Fla., Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton Hollander, Anthony W. Gross, Attys., Dept. of Justice, Washington, D. C., Alfred E. Sapp, Asst. U. S. Atty., Miami, Fla., for United States.

Gary P. Eidelstein, Miami Beach, Fla., Michael Weintraub, Miami, Fla., for Broward Marine, Inc.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.


PER CURIAM:

This is an appeal from the dismissal of the plaintiff's suit against the United States based upon alleged breach of duty of a United States Marshal while storing a vessel, on which the plaintiff held a preferred mortgage, pending the foreclosure proceedings. The dismissal by the trial court was based upon the undisputed fact that the action was not commenced for more than two years after the marshal's custody was terminated and the vessel was turned over...

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