Legal Opinion
City of New York v. McAllister Bros.
District Court, S.D. New York
Decided June 12, 1959PublishedCited by 7 opinions
1Opinion of the Court
EDELSTEIN, District Judge.
The Government moves to sustain its exceptive allegations to the petition of the respondent, McAllister Brothers, Inc., seeking to implead the United States, on the ground of the failure of the respondent to serve “forthwith” a copy of its petition upon the United States under section 2 of the Suits in Admiralty Act, 46 U.S.C. § 742, 46 U.S.C.A. § 742. The *681respondent moves to dismiss the libel in the event of a dismissal of the impleading petition, on the ground that the libelant did not make such service.
The City of New York filed a libel against the respondent, on…
2Cases cited5 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Munro v. United StatesSupreme Court of the United States · 1938
- Marich v. United StatesDistrict Court, N.D. California · 1949
- Calfornia Casualty Indemnity Exchange v. United StatesDistrict Court, S.D. California · 1947
- Margiotta v. District Director of Internal Revenue, Brooklyn, N.Y.Court of Appeals for the Second Circuit · 1954
3Cited by7 opinions
- CITY OF NEW YORK v. McALLISTER BROTHERS, INC.Court of Appeals for the Second Circuit · 1960
- Huffmaster v. United StatesDistrict Court, N.D. California · 1960
- Ralph W. Rollins v. United StatesCourt of Appeals for the Ninth Circuit · 1961
- United States v. M/V PITCAIRNDistrict Court, E.D. Louisiana · 1967
- City of New York v. McAllister Bros.Court of Appeals for the Second Circuit · 1960
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