Colonial Sand & Stone Co. v. Muscelli

L. HAND, Circuit Judge.

The Colonial Sand & Stone Co., Inc., filed a petition to limit its liability under the Fifty-Third Admiralty Rule, 28 U.S.C.A. following section 723, which Muscelli, the claimant, moved to dismiss because (1.) it failed to set forth “the facts and circumstances by reason of which exemption from liability is claimed”; and (2.) because it did not allege that it had been filed within six months after he had given notice of his claim to the petitioner. The court dismissed the petition upon both grounds, and the petitioner appealed.

The petition alleged the following facts.…