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LUCKENBACH STEAMSHIP CO. v. UNITED STATES

207 F.Supp. 68 (1962)

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

United States District Court S. D. New York.

July 13, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for respondent (Leavenworth Colby, Louis E. Greco, Lawrence F. Ledebur, Attys., Dept. of Justice, of counsel).

Burlingham, Underwood, Barron, Wright & White, New York City, Kominers & Fort, Washington, D. C., for libelant.

COOPER, District Judge.

This is a motion by respondent, United States of America, for summary judgment on the ground that the declaratory judgment of non-liability sought by libelant is barred by the two-year statute of limitations contained in Section 5 of the Suits in Admiralty Act (46 U.S.C.A. § 745).

The present action was instituted by the filing of a petition in the United States Court of Claims on June 1, 1959, seeking a determination that libelant...

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