Legal Opinion

Joseph Amella and William Boethin v. United States v. Arthur v. Greco, Third-Party

Court of Appeals for the Third Circuit

Decided May 3, 1984No. 83-2192, 83-2211PublishedCited by 25 opinions

1Opinion of the Court

KENNEDY, Circuit Judge:

When the United States is sued in admiralty, the libelant must “forthwith serve a copy of his libel on the United States attorney for [the appropriate] district and mail a copy thereof by registered mail to the Attorney General of the United States.” (Emphasis added.) 46 U.S.C. § 742. Lawyers unfamiliar with the ways of admiralty or careless on their watch will encounter this statute as a hidden reef that can be a jurisdictional bar to an otherwise meritorious suit. Once more we are called upon to interpret the operative statutory word “forthwith.”

In the case before us,…

2Cases cited7 opinions

  1. James Battaglia, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1962
  2. Vitoratos v. WalshSupreme Court of the United States · 1962
  3. Ashland v. Ling-Temco-Vought, Inc.Court of Appeals for the Ninth Circuit · 1983
  4. CITY OF NEW YORK v. McALLISTER BROTHERS, INC.Court of Appeals for the Second Circuit · 1960
  5. Anne Kenyon and Charles Kenyon v. United StatesCourt of Appeals for the Ninth Circuit · 1982

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

3Cited by25 opinions

  1. United States v. 2,164 Watches, More or Less, Bearing A Registered Trademark of Guess?, Inc.Court of Appeals for the Ninth Circuit · 2004
  2. Watts v. PinckneyCourt of Appeals for the Ninth Circuit · 1985
  3. Precision Specialty Metals, Inc. v. United States, and Mikki Graves Walser, Sanctioned Party-AppellantCourt of Appeals for the Federal Circuit · 2003
  4. Jones & Laughlin Steel, Inc. v. Mon River Towing, Inc. And United States of AmericaCourt of Appeals for the Third Circuit · 1985
  5. Sklodowski v. Countrywide Home Loans, Inc.Appellate Court of Illinois · 2005

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

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