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Clyde-Mallory Lines v. The Eglantine, 317 U.S. 395 (1943)

Clyde-Mallory Lines v. The Eglantine

No. 265

Argued November 20, 1942

Decided January 4, 1943

317 U.S. 395


1. Where a libel in rem is brought against a vessel in private ownership and operation to recover upon a cause of action arising out of a collision which occurred when the vessel was owned and operated by the Government, and the Government appears in the suit and assumes liability under § 4 of the Suits in Admiralty Act, the two-year limitation period of § 5 of that Act is applicable. P. 317 U. S. 397.

2. Section 18 of the Merchant Marine Act of 1920, which incorporates § 9 of the Shipping Act of 1916, provides that government merchant vessels should be "subject to all laws, regulations and liabilities governing merchant vessels," leaving the time within which to bring suits for the enforcement of liens to be decided in accordance with the general rules of laches under admiralty practice. In a case such as the one here presented, the two-year bar of § 5 of the Suits in Admiralty Act is not affected by § 9 of the Shipping Act of 1916 as reenacted, even though the reenactment was subsequent to the Suits in Admiralty Act. P. 317 U. S. 398.

127 F.2d 569 affirmed.

Certiorari, post, p. 609, to review the reversal of a decree in favor of the petitioner, 38 F.Supp. 658, in a suit begun by a libel in rem against a vessel and in which the United States intervened.

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