Legal Opinion
Abbattista v. United States
District Court, D. New Jersey
Decided February 14, 1951No. Civ. 11063PublishedCited by 8 opinions
1Opinion of the Court
SMITH, District Judge.
This is a suit in admiralty which was commenced by the libellant under the Suits in Admiralty Act, 46 U.S.C.A. §§ 741-752. The libel was filed herein on February 14, 1948, more than two years after the cause of action arose. The suit is before the Court at this time on the motion of the respondent to dismiss it on the ground that the suit is barred by the express provisions of Section 5 of the said Act, 46 U.S.C.A. § 745. This ground was originally interposed as an affirmative defense in the answer filed by the respondent.
The essential allegations of the libel may be…
2Cases cited12 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Brady v. Roosevelt Steamship Co.Supreme Court of the United States · 1943
- Johnson v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1930
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3Cited by8 opinions
- Somerset Seafood Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1951
- Northern Metal Co. v. United StatesCourt of Appeals for the Third Circuit · 1965
- Syzemore v. County of SacramentoCalifornia Court of Appeal · 1976
- Merlino v. United StatesDistrict Court, S.D. New York · 1952
- Miller v. WernerDistrict of Columbia Court of Appeals · 1962
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