Handley v. United States

EDELSTEIN, District Judge.

The libellant has brought an action against the United States under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., based upon a personal injury alleged to have occurred on October 1, 1952, while he was employed as a seaman aboard a vessel owned by the respondent. The United States excepts to libel and moves to dismiss on the ground that it is jurisdictionally defective, the libellant having failed to plead the facts of administrative disallowance of his claim. Rodinciuc v. United States, 3 Cir., 175 F.2d 479.

The libellant cites Burton v. United States, D.C.,…