Macinnes v. United States

D. Massachusetts

Macinnes v. United States

96 F. Supp. 69, 1950 U.S. Dist. LEXIS 1962

DecidedJune 30, 1950

StatusPublished

This text of 96 F. Supp. 69 (Macinnes v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Macinnes v. United States, 96 F. Supp. 69, 1950 U.S. Dist. LEXIS 1962 (D. Mass. 1950).

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Opinion

SWEENEY, Chief Judge.

In this action the respondent’s exceptions to the libel are well taken. The libellant has failed to allege two facts necessary, namely, that he was injured while employed by the United States through the War Shipping Administration, and that sixty days have elapsed since he has transmitted an administrative claim to an agent of the United States without receiving a determination of it. Without these allegations he has no right of action under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq.

The Court will retain jurisdiction of this libel for ten days, during which time the libellant is given permission to amend his libel if he can so as to bring his action within the statute. If, at the end of ten days, the libel is not so amended, the exceptions will be sustained. If properly amended, the exceptions will be overruled.

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SWEENEY, Chief Judge.

In this action the respondent’s exceptions to the libel are well taken. The libellant has failed to allege two facts necessary, namely, that he was injured while employed by the United States through the War Shipping Administration, and that sixty days have elapsed since he has transmitted an administrative claim to an agent of the United States without receiving a determination of it. Without these allegations he has no right of action under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq.

The Court will retain jurisdiction of this libel for ten days, during which time the libellant is given permission to amend his libel if he can so as to bring his action within the statute. If, at the end of ten days, the libel is not so amended, the exceptions will be sustained. If properly amended, the exceptions will be overruled.

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Bluebook (online)

96 F. Supp. 69, 1950 U.S. Dist. LEXIS 1962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macinnes-v-united-states-mad-1950.

Opinion

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