States Marine Corp. of Delaware v. United States

IRVING R. KAUFMAN, District Judge.

Defendant, appearing specially, moves pursuant to Rule 12(b) (1) (2) and (6), Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint on the grounds(1) that the Court lacks jurisdiction over the subject matter and over respondent ;(2) that the complaint fails to state a claim upon which relief can be granted, and(3) that the alleged claims are cognizable exclusively under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., and that suit was not commenced within two years after January 28, 1948, the date on which plaintiff's alleged claims…