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AMELLA v. UNITED STATES

Nos. 83-2192, 83-2211.

732 F.2d 711 (1984)

Joseph AMELLA and William Boethin, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, v. Arthur V. GRECO, et al., Third-Party Defendants.

United States Court of Appeals, Ninth Circuit.

Decided May 3, 1984.

Attorney(s) appearing for the Case

William A. Resneck, Berkeley, Cal., for plaintiffs-appellants.

Philip A. Berns, Atty. In Charge, West Coast Dept. of Justice, San Francisco, Cal., for defendant-appellee.

Before KENNEDY and CANBY, Circuit Judges, and NIELSEN, District Judge.

KENNEDY, Circuit Judge:

When the United States is sued in admiralty, the libelant must "forthwith serve a copy of his libel on the United States attorney for [the appropriate] district and mail a copy thereof by registered mail to the Attorney General of the United States." (Emphasis added.) 46 U.S.C. § 742. Lawyers unfamiliar with the ways of admiralty or careless on their watch will encounter this statute as a hidden reef that can be a jurisdictional...

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