Luckenbach Steamship Co. v. United States

HERLANDS, District Judge.

By a libel filed January 30, 1959, libel-ant seeks to recover $30,169, withheld from it by agencies of the United States Government. Presently before the court is respondent’s exception to the libel which seeks its dismissal on the ground that it was not timely filed on January 30, 1959.

The period of limitations under both the Suits in Admiralty Act, 41 Stat. 525, 46 U.S'.C.A. § 745, and the Public Vessels Act, 43 Stat. 1112, 46 U.S.C.A. § 782 is two years. See Phalen v. United States, 2 Cir., 1929, 32 F.2d 687.

The question is: When did the libel-ant’s claim arise for…