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MacInnes v. United States

MacInnes v. United States, 93 F. Supp. 987 (D. Mass. 1950)
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Subsequent history: aff'd, MacInnes v. United States, 189 F.2d 733 (1st Cir. 1951). (read from the later opinion; check before relying)

Court
District Court, D. Massachusetts · Federal District Courts
Decided
November 14, 1950
Docket
No. Admiralty No. 50-30
Judges
Sweeney
Citations
93 F. Supp. 9871950 U.S. Dist. LEXIS 2454

Opinion of the Court — Sweeney

Text extracted by OCR from a scanned original; check the original for exact wording.

SWEENEY, Chief Judge.

The latest exceptions to the libel are based upon the contention that the action was not brought within the permissive statutory time. In the Suits in Admiralty Act, 46 U.S.C.A. § 745 , it is specified that the libel “shall be brought within two years after the cause of action arises.” The Clarification Act, 50 U.S.C.A.Appendix, § 1291, extends to seaman employed through the War Shipping Administration the rights and benefits of American seamen on privately owned and operated American vessels, and sets up a condition precedent to suit that the claim must have been previously administratively disallowed. The regulations of the War Shipping Administration provide that a claim is presumed to be administratively disallowed if no favorable action is taken on it within sixty days after filing.

*988 In Thurston v. United States, 9 Cir., 179 F.2d 514 , the Court decided that an action commenced two years and 25 days after the date of injury was seasonably instituted on the theory that a cause of action does not arise until the sixty-day period has passed. I cannot follow that decision in the light of the facts in this case. The libellant was injured on September 19, 1947. He did not file his claim with the agency until December 14, 1949, which was 2j4 years later. He then waited for a period of sixty days and filed the instant action. I do not believe that the 'Clarification Act should be construed so as to invalidate the period of limitations set up in the Suits in Admiralty Act. It is unnecessary to decide whether the effect of the sixty-day limitation was to increase the time within which suit might be filed to two years and sixty days, as this claim was not even filed within that period.

The exceptions are sustained 'and the action is to be dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1951: 119512026peak 1951 · 1

Relies on it most ⓘ

  1. MacInnes v. United States189 F.2d 733 (1st Cir. 1951)

Most recent

  1. MacInnes v. United States189 F.2d 733 (1st Cir. 1951)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Thurston v. United States, 179 F.2d 514 (9th Cir. 1950) 20

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