Legal Opinion
Pacific-Atlantic Steamship Co. v. United States
District Court, D. Delaware
Decided January 3, 1955No. 1722PublishedCited by 3 opinions
1Opinion of the Court
LEAHY, Chief Judge.
Libellant sues to recover money paid to the Government. The action was originally brought under the Suits in Admiralty Act, 46 U.S.C.A. §§ 741-746 in the federal court in the District of Columbia. There respondent filed a motion to dismiss based on a two year statute of limitations. After argument on the motion, libellant was allowed to amend the libel. Motion to dismiss was renewed, argument was had, and the motion was denied. The suit was then transferred to this district.
In Article One of the answer, respondent rests on an affirmative defense, e. g., “The cause of libel…
2Cases cited40 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Mitchell v. MaurerSupreme Court of the United States · 1934
- Finn v. United StatesSupreme Court of the United States · 1887
- Eastern Transportation Co. v. United StatesSupreme Court of the United States · 1927
- Munro v. United StatesSupreme Court of the United States · 1938
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3Cited by3 opinions
- States Marine Corporation of Delaware, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1960
- American-Foreign Steamship Corp. v. United StatesCourt of Appeals for the Second Circuit · 1958
- American-Foreign Steamship Corporation, Libelant-Appellant v. United States of America, Stockard Steamship Corporation, Libelant-Appellant v. United States of America, A. H. Bull Steamship Co., Bull-Insular Line, Inc., Baltimore Insular Line, Inc., Libelants-Appellants v. United States of America, New York and Cuba Mail Steamship Company, Libelant-Appellant v. United States of America, Dichmann, Wright & Pugh, Inc., Libelant-Appellant v. United States of America, Polarus Steamship Co., Inc., Libelant-Appellant v. United States of America, A. L. Burbank & Company, Ltd., Libelant-Appellant v. United States of America, T. J. Stevenson & Co., Inc., Libelant-Appellant v. United States of America, North Atlantic and Gulf Steamship Co., Libelant-Appellant v. United States of America, Luckenbach Steamship Company, Inc., Libelant-Appellant v. United States of America, Blidberg Rothchild Co., Inc., Libelant-Appellant v. United States of America, Fall River Navigation Co., Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1959