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UNITED STATES v. NEW YORK DOCK CO.

100 F.Supp. 303 (1951)

UNITED STATES v. NEW YORK DOCK CO., Inc., et al.

United States District Court S. D. New York.

August 2, 1951.

Attorney(s) appearing for the Case

Irving H. Saypol, U. S. Atty. for Southern District of New York, New York City, for plaintiff (Edward L. Smith, William H. Lane, New York City, Advocates).

Davies, Hardy, Schenck & Soons, New York City, for defendant New York Dock Co. (Kenneth W. Greenawalt, John H. Barber, New York City, of counsel).

Kirlin Campbell & Keating, New York City, for defendant Atlantic Piers Co. (Michael F. Whalen, Alexander E. Rugani, New York City, of counsel).

LEIBELL, District Judge.

The defendants move for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. to dismiss all three causes of action alleged in a complaint of plaintiff on the grounds (1) that the United States of America is not the proper party plaintiff and (2) that all three claims are barred by the New York State statute of limitations.

The pertinent underlying facts are as follows: In late August or early September...

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