Legal Opinion

Defense Supplies Corp. v. United States Lines Co.

Court of Appeals for the Second Circuit

Decided March 28, 1945No. 262PublishedCited by 25 opinions

1Opinion of the Court

FRANK, Circuit Judge.

The threshold question is whether the Defense Supplies Corporation may bring suit against the United States under the Suits in Admiralty Act. We recognize the fact that the real parties in interest are the insurance companies. But their right to sue is dependent upon the right of the party to whom they are subrogated. 2

“In interpreting the [Suits in Admiralty] act, permitting as it does a suit to be brought against the United States, we must follow the rule of strict construction. This follows from the fact that the United States cannot be sued without their consent, and,…

2Cases cited15 opinions

  1. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
  2. Schillinger v. United StatesSupreme Court of the United States · 1894
  3. Hammond-Knowlton v. United StatesCourt of Appeals for the Second Circuit · 1941
  4. Wallace v. United StatesCourt of Appeals for the Second Circuit · 1944
  5. Globe & Rutgers Fire Ins. v. HinesCourt of Appeals for the Ninth Circuit · 1921

10 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. United States v. BorinCourt of Appeals for the Fifth Circuit · 1954
  3. Quarles Petroleum Co. v. United StatesUnited States Court of Claims · 1977
  4. Securities & Exchange Commission v. Committee on Ways & Means of the U.S. House of RepresentativesDistrict Court, S.D. New York · 2015
  5. Americas Insurance Company v. Seagull Compania Naviera, S.A.Court of Appeals for the Second Circuit · 1985

20 more not listed; retrieve them via the Exa API.

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