United States v. Poling Russell, Inc. The Dover. The Poling Bros. No. 12
Court of Appeals for the Second Circuit
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
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- United States v. WorleySupreme Court of the United States · 1930
- United States v. PattersonCourt of Appeals for the Fifth Circuit · 1953
- Globe & Rutgers Fire Ins. Co. v. United StatesCourt of Appeals for the Second Circuit · 1939
- 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
- United States v. Associated Air Transport, Inc., Associated Air Transport, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1960
- United States v. 1500 Cases, More or LessCourt of Appeals for the Seventh Circuit · 1957
- 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
- Lambros Seaplane Base, Inc. v. M/S BatoryDistrict Court, S.D. New York · 1954
- 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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