United States v. Paul Holmberg and Mariana C. Holmberg

DUHÉ, Circuit Judge:

The United States appeals the denial of its motion to dismiss a suit brought by Paul and Mariana Holmberg under the Suits in Admiralty Act (SAA), 46 U.S.C.App. §§ 741-752. The Government argues that it was not served “forthwith” as required by 46 U.S.C. § 742 of the SAA. We agree and reverse the district court’s decision.

BACKGROUND

Paul Holmberg was injured while working as a seaman aboard a vessel owned by the United States through the Maritime Administration and managed by its general agent, OMI Ship Management, Inc. After Paul Holmberg’s administrative claim was denied,…