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JONES & LAUGHLIN STEEL v. MON RIVER TOWING, INC.

No. 84-3769.

772 F.2d 62 (1985)

JONES & LAUGHLIN STEEL, INC., Appellant, v. MON RIVER TOWING, INC. and United States of America, Appellees.

United States Court of Appeals, Third Circuit.

Decided September 20, 1985.

Attorney(s) appearing for the Case

Robert W. Murdoch (argued), Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., for appellant.

Dennis A. Watson, Grogan, Graffam, McGinley, Solomon and Lucchino, Pittsburgh, Pa., for Mon River Towing, Inc.

J. Alan Johnson, U.S.Atty., W.D. of Pa., Pittsburgh, Pa., Richard K. Willard, Acting Asst. Atty. Gen., R. Scott Blaze (argued), Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for the U.S. of America.

Before ALDISERT, Chief Judge, GIBBONS, Circuit Judge, and BECHTLE, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This appeal presents an issue of first impression for the Third Circuit: Whether in an admiralty suit against the United States under the Suits in Admiralty Act, service of process, timely within Rule 4 of the Federal Rules of Civil Procedure, is nevertheless untimely—and thus time-barred—because such service was not made on the local United States Attorney and the Attorney General "forthwith," as...

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