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LYKES BROS. STEAMSHIP CO. v. UNITED STATES

Nos. 488-53, 31-54.

124 F.Supp. 622 (1954)

LYKES BROS. STEAMSHIP CO., Inc. v. The UNITED STATES. WATERMAN STEAMSHIP CORPORATION v. The UNITED STATES.

United States Court of Claims.

October 5, 1954.

Attorney(s) appearing for the Case

Benjamin W. Yancey, New Orleans, La., for plaintiff in No. 488-53.

Walter P. Hickey, New York City, for plaintiff in No. 31-54. William J. Tillinghast, Jr., New York City, was on the brief.

Leavenworth Colby, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant. Hubert H. Margolies and T. F. McGovern, Washington, D. C., were on the briefs.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

LITTLETON, Judge.

These cases come before the court on defendant's motions to dismiss plaintiffs' petitions. The question presented is whether a suit for general average contribution by Government cargo is maintainable under the Tucker Act, 28 U.S.C. § 1491, upon which plaintiffs have based their actions, or whether their alleged causes of action are cognizable under the Suits in Admiralty Act, 46 U.S.C. § 741...

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