Legal Opinion
Isbrandtsen Co. v. United States
District Court, S.D. New York
Decided April 18, 1956PublishedCited by 3 opinions
1Opinion of the Court
WEINFELD, District Judge.
The controlling date in determining whether the libel is time-barred is the date of its filing, September 14, 1955, and not the date of filing of the amended libel and complaint.1 Accordingly, the exceptive allegations are sustained only as to the claim which it is alleged arose on March 16, 1953 and overruled as to the claim which arose on October 6,1953, *517since as to the latter it clearly appears that the suit was commenced within the two year period as required under 46 U.S.C.A. § 745.
As to the March 16, 1953 claim, libelant concedes it was notified on that date by…
2Cases cited7 opinions
- United States v. St. Louis, San Francisco & Texas Railway Co.Supreme Court of the United States · 1926
- Deupree v. LevinsonCourt of Appeals for the Sixth Circuit · 1950
- American Eastern Corporation v. United StatesDistrict Court, S.D. New York · 1955
- Alcoa Steamship Co. v. United StatesDistrict Court, S.D. New York · 1950
- Cataldo v. United StatesDistrict Court, S.D. New York · 1952
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- James Battaglia, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1962
- Isthmian Steamship Co. v. United StatesDistrict Court, S.D. New York · 1956
- James Battaglia, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1962