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LIBBY v. U.S.

No. 87-3305.

840 F.2d 818 (1988)

Michael LIBBY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 21, 1988.

Attorney(s) appearing for the Case

Alan B. Vlcek, Jacksonville, Fla., for defendant-appellant.

Mark S. Peters, Stevens & Oeters, Merritt Island, Fla., and Laurence F. Valle, Dixon, Dixon, Nicklaus & Valle, Miami, Fla., for plaintiff-appellee.

Before HILL and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

HILL, Circuit Judge:

The United States appeals from the denial of its motion to dismiss this suit brought under the Public Vessels Act (PVA), 46 U.S.C. § 781 et seq. The government argues that the United States Attorney was not served in a timely fashion. We disagree and affirm the decision of the district court.

Michael Libby was injured on board a vessel owned by the United States on March 29, 1984. Libby initially filed suit against the operator...

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