Wessel, Duval & Co. v. United States

LITTLETON, Judge.

This cases comes before the court on defendant’s motion to dismiss plaintiff’s amended petition. Defendant requests dismissal on two grounds: (1) That plaintiff is barred from proceeding in this court under 28 U.S.C. § 1500 in view of the fact that it now has pending in a district court a suit against the United States on the identical claims presented here and (2) that suits for general average contribution by Government cargo as well as other claims against the Government under a time charter are maintainable under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq.,…