Slemp v. United States

WEINFELD, District Judge.

It is beyond dispute that the prior suit by the libellant was dismissed for lack of prosecution and not “solely because” libellant improperly sued the general agent instead of the United States as owner. The dismissal would have been entered even had he sued the right party. Accordingly, the fifth exceptive allegation must be sustained and the libel dismissed. Kalil v. United States, D.C., 107 F.Supp. 966. While Public Law No. 877, 81st Congress, Second Session, amending 46 U.S.C.A. § 745, is to be liberally construed to effect its intended objectives, cf. Cohen v.…