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U.S. v. HOLMBERG

No. 93-3468.

19 F.3d 1062 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Paul HOLMBERG and Mariana C. Holmberg, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 7, 1994.

Attorney(s) appearing for the Case

Timothy R. Lord, David V. Hutchinson, Debra J. Kossow, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

Richard L. Ducote, Fine & Associates, New Orleans, LA, for defendants-appellees.

Before WOOD, SMITH and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

The United States appeals the denial of its motion to dismiss a suit brought by Paul and Mariana Holmberg under the Suits in Admiralty Act (SAA), 46 U.S.C.App. §§ 741-752. The Government argues that it was not served "forthwith" as required by 46 U.S.C. § 742 of the SAA. We agree and reverse the district court's decision.

BACKGROUND

Paul Holmberg was injured while...

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