Canadian Aviator, Ltd. v. United States

SMITH, District Judge.

This is a suit in admiralty under the Public Vessels Act of 1925, 46 U.S.C.A. §§ 781-790, and is before the Court at this time on exceptions to the libel filed by the respondent. It is urged in support of the exceptions that the libel fails to state a cause of action cognizable under the said Act. The determination of the question presented, which appears to be one of novel impression, requires a construction of the pertinent provision of the Act, 46 U.S.C.A. § 781, which reads as follows: “A libel in personam in admiralty may be brought against the United States * * *…