Legal Opinion

United States v. Poling Russell, Inc. The Dover. The Poling Bros. No. 12

Court of Appeals for the Second Circuit

Decided April 29, 1954No. 22967_1PublishedCited by 6 opinions

1Per curiam

As a part of its governmental immunity the United States as a litigant cannot be held for costs in the absence of an authorizing statute. United States v. Chemical Foundation, 272 U.S. 1, 20, 47 S.Ct. 1, 71 L.Ed. 131; United States v. Worley, 281 U.S. 339, 344, 50 S.Ct. 291, 74 L.Ed. 887; 28 U.S.C. § 2412(a). This principle is directly applicable to prevent allowance of costs to a defendant successful in opposing an action brought by the United States. United States v. Chemical Foundation, supra. The present litigation is under the Public Vessels Act, 46 U.S.C. § 782, which incorporates by…

2Cases cited9 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. United States v. WorleySupreme Court of the United States · 1930
  3. United States v. PattersonCourt of Appeals for the Fifth Circuit · 1953
  4. Globe & Rutgers Fire Ins. Co. v. United StatesCourt of Appeals for the Second Circuit · 1939
  5. Poling Russell, Inc. v. United States United States v. Newtown Creek Towing Co. The Poling Bros. No. 12. The Dover. The J. Raymond RussellCourt of Appeals for the Second Circuit · 1952

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3Cited by6 opinions

  1. United States v. Associated Air Transport, Inc., Associated Air Transport, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1960
  2. United States v. 1500 Cases, More or LessCourt of Appeals for the Seventh Circuit · 1957
  3. United States of America, Libellant-Appellant v. 1500 Cases, More or Less, Etc., Smith Canning Company, Claimant-Appellee. United States of America, Libelant-Appellant v. 1473 Cases, More or Less, Etc., Smith Canning Company, Claimant-AppelleeCourt of Appeals for the Seventh Circuit · 1957
  4. Lambros Seaplane Base, Inc. v. M/S BatoryDistrict Court, S.D. New York · 1954
  5. Don Cartage Company v. United States of America. United States of America v. Don Cartage CompanyCourt of Appeals for the Sixth Circuit · 1961

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