Lykes Bros. Steamship Co. v. United States

LITTLETON, Judge.

These cases come before the court on defendant’s motions to dismiss plaintiffs’ petitions. The question presented is whether a suit for general average contribution by Government cargo is maintainable under the Tucker Act, 28 U.S.C. § 1491, upon which plaintiffs have based their actions, or whether their alleged causes of action are cognizable un der the Suits in Admiralty Act, 46 U.S.C. § 741 et seq., which vests jurisdiction in the federal district courts. Sections 1 and 2 of that Act read in part as follows:

“[Sec. 1] No vessel owned hy the United States or by any…