The Philadelphia National Bank v. United States of America Broward Marine, Inc.

This is an appeal from the dismissal of the plaintiff’s suit against the United States based upon alleged breach of duty of a United States Marshal while storing a vessel, on which the plaintiff held a preferred mortgage, pending the foreclosure proceedings. The dismissal by the trial court was based upon the undisputed fact that the action was not commenced for more than two years after the marshal’s custody was terminated and the vessel was turned over to the plaintiff which bid it in on foreclosure sale.

Whether the action was brought as a tort claim against the United States or under the…