Luckenbach Steamship Co., Inc. v. United States

HAYS, Circuit Judge.

In this action the plaintiff seeks a declaration that it is not liable to the defendant on a claim which has been asserted by the defendant, but on which the defendant has failed to bring suit. The district court granted defendant’s motion for summary judgment on the ground that plaintiff’s claim is time-barred by reason of the provisions of the limitations section of the Suits in Admiralty Act, 46 U.S.C. § 745. We reverse this determination and remand the case for further proceedings.

Since the issue presented here does not involve the merits of the controversy it is…