Legal Opinion
Federal Sugar Refining Co. v. United States
Court of Appeals for the Second Circuit
Decided January 7, 1929No. 86PublishedCited by 3 opinions
1Opinion of the CourtL. Hand, Circuit Judge
(after stating the facts as above). As the petition was filed more than two years after the cause of suit arose, the demurrer was good, if the Suits in Admiralty Act (46 USCA §§ 741-752) gave the exclusive remedy in the premises. If, on tha other hand, a petition also lies under the Tucker Act (24 Stat. 505), the petition was filed in season. This is the only question which we find it necessary to discuss. In Eastern Transportation Co. v. U. S., 272 U. S. 675, 47 S. Ct. 289, 71 L. Ed. 472, it was definitively settled that the Suite in Admiralty Act applies as well to libels in personam as to…
2Cases cited8 opinions
- Eastern Transportation Co. v. United StatesSupreme Court of the United States · 1927
- United States v. PfitschSupreme Court of the United States · 1921
- United States Shipping Bd. Emergency Fleet Corporation v. Rosenberg Brothers & Co.Supreme Court of the United States · 1928
- Hidalgo Steel Co. v. Moore & McCormack Co.District Court, S.D. New York · 1923
- McAllister v. Lambert Transp. Co.District Court, S.D. New York · 1923
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3Cited by3 opinions
- Prudential Steamship Corporation, Libellant-Appellant v. United States of America, States Marine Corporation of Delaware v. United StatesCourt of Appeals for the Second Circuit · 1955
- Prudential Steamship Corporation, Libellant-Appellant v. United States of America, States Marine Corporation of Delaware v. United StatesCourt of Appeals for the Second Circuit · 1955
- Royal Ins. v. United States Shipping Board Merchant Fleet Corp.District Court, S.D. New York · 1929