Legal Opinion
James Battaglia, Libelant-Appellant v. United States
Court of Appeals for the Second Circuit
Decided June 4, 1962No. 27443_1PublishedCited by 40 opinions
1Opinion of the Court
LEONARD P. MOORE, Circuit Judge.
Libelant-appellant appeals from an order granting the respondent-appellee’s (the Government) summary judgment motion pursuant to Rule 58(b), Rules of Practice in Admiralty and Maritime Cases, 28 U.S.C.A., dismissing the libel on the grounds that libelant failed to effect service of process on the United States in that he failed to serve a copy of the libel on the Attorney General of the United States and file an affidavit of service as required by 46 U.S.C.A. §§ 742 and 782.
The libel alleged in substance that on October 15, 1959, libelant, while working as a…
2Cases cited15 opinions
- Adolph G. Hoffman v. C. H. Halden, Dr. Donald E. Wair, Dr. G. F. Keller and Dr. F. Sydney HansenCourt of Appeals for the Ninth Circuit · 1959
- Munro v. United StatesSupreme Court of the United States · 1938
- Arra Ray Messenger v. United StatesCourt of Appeals for the Second Circuit · 1956
- Reid v. United StatesSupreme Court of the United States · 1909
- Bates Manufacturing Co. v. United StatesSupreme Court of the United States · 1938
10 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Henderson v. United StatesSupreme Court of the United States · 1996
- Christine Roth Melo v. United StatesCourt of Appeals for the Eighth Circuit · 1974
- Clarence BROWN, Plaintiff-Appellant, v. GENERAL SERVICES ADMINISTRATION Et Al., Defendants-AppelleesCourt of Appeals for the Second Circuit · 1974
- Betty Lou Allen v. Veterans AdministrationCourt of Appeals for the Ninth Circuit · 1984
- Gerald D. Peterson v. United StatesCourt of Appeals for the Eighth Circuit · 1970
35 more not listed; retrieve them via the Exa API.