Frank & Hirsch Distributing Co. v. United States
District Court, S.D. New York
1Opinion of the Court
COXE, District Judge.
The respondent’s exceptions to the libel are sustained. Under Sec. 2 of the Suits in Admiralty Act, 46 U.S.C.A. § 742, suit against the United States must be brought in the District Court for the District “in which the parties so suing, or any of them, reside or have their principal place of business in the United States, or in which the vessel or cargo charged with liability is found.” The libel contains no allegations to satisfy these requirements, and is fatally defective in that respect. Barnes v. United States, D.C., 67 F.Supp. 571; Sawyer v. United States, D.C., 66…
2Cases cited5 opinions
- Carroll v. United StatesCourt of Appeals for the Second Circuit · 1943
- Abbott v. United StatesDistrict Court, S.D. New York · 1945
- McGhee v. United StatesCourt of Appeals for the Second Circuit · 1946
- Sawyer v. United StatesDistrict Court, S.D. New York · 1946
- Barnes v. United StatesDistrict Court, S.D. New York · 1946