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CLYDE-MALLORY LINES v. EGLANTINE

No. 265.

317 U.S. 395 (1943)

63 S.Ct. 294

87 L.Ed. 355

CLYDE-MALLORY LINES v. THE EGLANTINE ET AL.

Supreme Court of United States.

Decided January 4, 1943.

Attorney(s) appearing for the Case

Mr. Chauncey I. Clark, with whom Mr. Eugene Underwood was on the brief, for petitioner.

Mr. Sidney J. Kaplan, with whom Solicitor General Fahy, Assistant Attorney General Shea, and Mr. J. Frank Staley were on the brief, for respondents.

MR. JUSTICE BLACK delivered the opinion of the Court.

The question in this case is whether the libel in rem brought by the petitioner against the Steamship Eglantine is barred by § 5 of the Suits in Admiralty Act, 41 Stat. 525, which provides that "suits hereunder shall be brought within two years after the cause of action arises."

On December 21, 1932, while the Eglantine was being operated by the United States...

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