Legal Opinion

Smith v. United States

Court of Appeals for the Fourth Circuit

Decided May 3, 1965No. 9704PublishedCited by 29 opinions

1Opinion of the Court

ALBERT V. BRYAN, Circuit Judge.

In this maritime cause the question is whether, in its contract with the United States for the management of United States Naval Ship (USNS) Potomac, Marine Transport Lines was an “agent” within the intent of the Public Vessels Act, 46 U.S.C. §§ 781-782. The decisive term appears in the following proviso which is engrafted by and upon that act from the Suits in Admiralty Act, 46 U.S.C. §§ 741, 745, both allowing an in personam libel against the United States:

“ * * -x- Provided, That where a remedy is provided by this chapter it shall hereafter be exclusive of…

2Cases cited14 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Lynch v. United StatesSupreme Court of the United States · 1934
  3. Reed v. the YakaSupreme Court of the United States · 1963
  4. Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
  5. Anniston Manufacturing Co. v. DavisSupreme Court of the United States · 1937

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Watts v. PinckneyCourt of Appeals for the Ninth Circuit · 1985
  2. Petition of the United States of America and Mathiasen's Tanker Industries, Inc., for Exoneration From or Limitation of Liability as Owners of the U.S.N.S. Mission San Francisco, United States of America, in No. 15294. Mathiasen's Tanker Industries, Inc., in No. 15281Court of Appeals for the Third Circuit · 1966
  3. Ironshore Specialty Insurance Co. v. United StatesCourt of Appeals for the First Circuit · 2017
  4. Nelsen v. Research Corp. of the University of HawaiiDistrict Court, D. Hawaii · 1992
  5. Doyle v. Bethlehem Steel Corp.Court of Appeals for the Fifth Circuit · 1974

24 more not listed; retrieve them via the Exa API.

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