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LUCKENBACH STEAMSHIP COMPANY v. UNITED STATES

189 F.Supp. 309 (1960)

LUCKENBACH STEAMSHIP COMPANY, Inc., Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

November 2, 1960.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, Kominers & Fort, Washington, D. C., for libelant. Norman M. Barron, New York City, J. Franklin Fort, T. S. L. Perlman, Washington, D. C., of counsel.

S. Hazard Gillespie, Jr., U. S. Atty., New York City, for respondent. Benjamin H. Berman, Attorney in Charge, Admiralty and Shipping Section, Dept. of Justice, New York City, Clare E. Walker, Atty., Admiralty and Shipping Section, Dept. of Justice, New York City, of counsel.

HERLANDS, District Judge.

By a libel filed January 30, 1959, libelant seeks to recover $30,169, withheld from it by agencies of the United States Government. Presently before the court is respondent's exception to the libel which seeks its dismissal on the ground that it was not timely filed on January 30, 1959.

The period of limitations under both the Suits in Admiralty Act, 41 Stat. 525, 46 U.S.C.A. § 745, and the Public Vessels Act, 43 Stat. 1112,...

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