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UNITED STATES LINES, INC. v. UNITED STATES

No. 78-1170.

593 F.2d 570 (1979)

UNITED STATES LINES, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1979.

Attorney(s) appearing for the Case

Walter B. Martin, Jr., Norfolk, Va. (John B. King, Jr., Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellant.

David V. Hutchinson, Civil Division, Dept. of Justice, Washington, D.C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., William B. Cummings, U.S. Atty., Alexandria, Va., and Ronald R. Glancz, Civil Division, Dept. of Justice, Washington, D.C., on brief), for appellee.

Before RUSSELL, Circuit Judge, JACK R. MILLER, Judge, U.S. Court of Customs and Patent Appeals, sitting by designation, and PHILLIPS, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

The issue presented for decision in this case is whether the United States, as the stevedore employer of the federal civil service longshoreman, is subject to suit under the Suits in Admiralty Act, 46 U.S.C. § 742 (1970) for breach of its warranty of workmanlike performance to a private vessel.1 We hold that it is not.

In 1974, William Speller, a federally employed longshoreman, sustained injuries...

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