Legal Opinion

United States v. Brazil

Court of Appeals for the Seventh Circuit

Decided April 17, 1943No. 8080PublishedCited by 6 opinions

1Opinion of the Court

LINDLEY, District Judge.

One question only is presented by this-appeal, namely, did the District Court properly dismiss the Government’s libel on the ground that it was barred by the Statute of Limitations?

The libel charged that the ship “Brazil” had been sold to and was owned by claimant in contravention of 46 U.S.C.A. § 808 forbidding sale of vessels to aliens and subjecting those thus transferred to forfeiture at the suit of the United States. The defence that the action was barred, inasmuch as it had not been brought within five years from March 15, 1932, when the right of forfeiture…

2Cases cited8 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
  3. Montant Ex Rel. Haire v. RiceSupreme Court of the United States · 1907
  4. United States v. DavidsonCourt of Appeals for the First Circuit · 1931
  5. Buecker v. CarrNew Jersey Court of Chancery · 1900

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3Cited by6 opinions

  1. State v. DonlaySupreme Court of Kansas · 1993
  2. Medtronic, Inc. v. Endologix, Inc.District Court, D. Minnesota · 2008
  3. Lupton v. Chase Nat. BankDistrict Court, D. Nebraska · 1950
  4. Darnall v. John K. Darnall, Inc.Louisiana Court of Appeal · 1988
  5. Opinion No., Oklahoma Attorney General Reports1971

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