Legal Opinion
City of New York v. McAllister Bros.
Court of Appeals for the Second Circuit
Decided May 17, 1960No. 320, Docket 25843PublishedCited by 4 opinions
1Opinion of the Court
LUMBARD, Chief Judge.
McAllister Brothers, Inc., respondent in a libel in admiralty brought by the City of New York, appeals from an order of the district court dismissing its petition to implead the United States because it failed to serve the petition upon the government “forthwith,” as required by § 2 of the Suits in Admiralty Act, 46 U.S.C.A. § 742. The libel was filed by the City on December 18, 1958, to recover for damages to the Brooklyn Bridge allegedly caused by McAllister’s negligence in towing a floating derrick belonging to the Navy up the East River without lowering the boom…
2Cases cited7 opinions
- McMahon v. United StatesSupreme Court of the United States · 1951
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Arra Ray Messenger v. United StatesCourt of Appeals for the Second Circuit · 1956
- Marich v. United StatesDistrict Court, N.D. California · 1949
- Calfornia Casualty Indemnity Exchange v. United StatesDistrict Court, S.D. California · 1947
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3Cited by4 opinions
- CITY OF NEW YORK v. McALLISTER BROTHERS, INC.Court of Appeals for the Second Circuit · 1960
- Russell Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1976
- United States v. Paul Holmberg and Mariana C. HolmbergCourt of Appeals for the Fifth Circuit · 1994
- United States v. HolmbergCourt of Appeals for the Fifth Circuit · 1994