Legal Opinion

Jones & Laughlin Steel, Inc. v. Mon River Towing, Inc. And United States of America

Court of Appeals for the Third Circuit

Decided September 20, 1985No. 84-3769PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This appeal presents an issue of first impression for the Third Circuit: Whether in an admiralty suit against the United States under the Suits in Admiralty Act, service of process, timely within Rule 4 of the Federal Rules of Civil Procedure, is nevertheless untimely — and thus time-barred — because such service was not made on the local United States Attorney and the Attorney General “forthwith,” as required by the Act. The district court concluded that service was untimely and dismissed the action for lack of subject matter jurisdiction. We…

2Cases cited8 opinions

  1. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  2. Bankers Trust Co. v. Bethlehem Steel Corp.Court of Appeals for the Third Circuit · 1985
  3. James Battaglia, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1962
  4. Vitoratos v. WalshSupreme Court of the United States · 1962
  5. Joseph Amella and William Boethin v. United States v. Arthur v. Greco, Third-PartyCourt of Appeals for the Third Circuit · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Henderson v. United StatesSupreme Court of the United States · 1996
  2. Charles H. Smith v. National Railroad Passenger CorporationCourt of Appeals for the Second Circuit · 1988
  3. Kingstate Oil v. M/V Green StarCourt of Appeals for the Third Circuit · 1987
  4. Petroleos Mexicanos Refinacion v. M/t King a (Ex-Tbilisi), Her Engines, Boilers, Etc., in Rem by King David Shipping Co., Ltd.Court of Appeals for the Third Circuit · 2004
  5. Sentry Corporation and Sne Corporation v. Ethel R. Harris, as Trustee Under Trust Agreement Dated March 1, 1973Court of Appeals for the Seventh Circuit · 1986

23 more not listed; retrieve them via the Exa API.

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