Legal Opinion

Phalen v. United States

Court of Appeals for the Second Circuit

Decided May 6, 1929No. 178PublishedCited by 11 opinions

1Opinion of the Court

MANTON, Circuit Judge.

This libel alleges that this cause of action for collision damages arose on April 19, 1920, but suit therefor was not commenced until January 27, 1927, nearly seven years after the cause of action arose, and two years since the passage of the Public Vessels Act (Act March 3, 1925, 43 Stat. 1112 (46 USCA §§ 781-790). Paragraph 5 of the libel alleges that the libel-ant elects to have the suit proceed in accordance with the principles of admiralty in personam and in rem as provided in the Suits in Admiralty Act, approved March 9, 1920 (41 Stat. 525; 46 USCA §§ 741-752) and…

2Cases cited5 opinions

  1. Panama Railroad v. JohnsonSupreme Court of the United States · 1924
  2. Price v. United States & Osage IndiansSupreme Court of the United States · 1899
  3. Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
  4. Blackfeather v. United StatesSupreme Court of the United States · 1903
  5. In Re United States Steel Products Co.Court of Appeals for the Second Circuit · 1928

3Cited by11 opinions

  1. Allen v. United StatesCourt of Appeals for the Ninth Circuit · 1964
  2. Prudential Steamship Corporation, Libellant-Appellant v. United States of America, States Marine Corporation of Delaware v. United StatesCourt of Appeals for the Second Circuit · 1955
  3. Petition of Oskar Tiedemann and CompanyDistrict Court, D. Delaware · 1964
  4. State of Maine v. United StatesDistrict Court, D. Maine · 1942
  5. Mangone v. Moore-McCormack Lines, Inc.District Court, E.D. New York · 1957

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