Stead v. United States

WEINFELD, District Judge.

Libelant originally brought an action in 1947 against the general agent to recover for her decedent’s death. The action was dismissed following the ruling in the McAllister case on the ground that the United States was the proper defendant. Cosmopolitan Shipping Co. v. McAllister, 337 U.S. 783, 69 S.Ct. 1317, 93 L.Ed. 1692. Thereafter, on December 10, 1951, she timely filed a libel against the United States of America pursuant to the amendment to the Suits in Admiralty Act, which, followed the McAllister ruling.1 A copy of the libel was served on the United States…