EKLOF MARINE CORP. v. UNITED STATES

No. 976, Docket 85-6016.

762 F.2d 200 (1985)

EKLOF MARINE CORP. and Eklof Transportation Co., Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 14, 1985.


Attorney(s) appearing for the Case

Herbert B. Halberg, New York City (Beck, Halberg & Williamson, New York City, on the brief), for plaintiffs-appellants.

Thomas F. Murphy, Jr., U.S. Dept. of Justice, New York City (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Raymond J. Dearie, U.S. Atty., Brooklyn, N.Y., and Janis G. Schulmeisters, U.S. Dept. of Justice, New York City, on the brief), for defendant-appellee.

Before KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.


TIMBERS, Circuit Judge:

Eklof Marine Corp. and Eklof Transportation Co., Inc. appeal from a judgment entered December 28, 1984 in the Eastern District of New York, Mark A. Costantino, District Judge, granting the motion by appellee United States of America to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted. Appellants commenced this action under the Suits in Admiralty Act, 46 U.S.C. §...

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