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NEW ORLEANS STEVEDORING COMPANY v. UNITED STATES

No. 29570.

439 F.2d 89 (1971)

NEW ORLEANS STEVEDORING COMPANY, a Division of James J. Flanagan Shipping Corporation, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 26, 1971.

Attorney(s) appearing for the Case

Ralph L. Kaskell, Jr., New Orleans, La., for plaintiff-appellant; Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel.

William D. Ruckelshaus, Asst. Atty. Gen., Civil Division, Admiralty & Shipping Sect., Department of Justice, Washington, D. C., Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., Morton Hollander, Robert E. Kopp, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before RIVES, AINSWORTH, and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This is an appeal from an order granting summary judgment in favor of the United States on the ground that the appellant's contract action was barred by the two-year statute of limitations of the Suits in Admiralty Act of March 9, 1920, c. 95, § 1 et seq., 41 Stat. 525, as amended, 46 U.S.C. § 741 et seq.,1 as amended (Supp.1970). We affirm.

The conflict arises out of the alleged breach...

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