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Fleet Corp. v. Rosenberg Brothers, 276 U.S. 202 (1928)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fleet Corp. v. Rosenberg Brothers, 276 U.S. 202 (1928)
United States Shipping Board Emergency Fleet Corporation v. Rosenberg Brothers & Company Nos. 119 , 120 , 121 Argued December 6, 1927 Decided February 20, 1928 276 U.S. 202
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. The Suits in Admiralty Act was intended to furnish the exclusive remedy in admiralty against the United States and corporations, such as the Fleet Corporation, of which the United States or its representatives own the entire outstanding capital stock, on all maritime causes of action arising (since April 6, 1917) out of the possession or operation of merchant vessels. And nothing in its legislative history indicates a different purpose. P. 212.
2. As the libels in these cases were not brought against the Fleet Corporation within the period prescribed by § 5, they were barred. P. 214.
3. The statute of limitations having been sufficiently pleaded in exceptions to the libels, it was not necessary to plead it in the answers. P. 214.
4. Whether, in addition to furnishing an exclusive remedy in admiralty, the Act also prevents resort to any concurrent remedies against the United States or the corporation on like causes of action in the Court of Claims or in courts of law is a question not presented by these cases, and upon which no opinion is expressed. P. 214.
12 F.2d 721 reversed.
Certiorari, 273 U.S. 682-683, to decrees in admiralty rendered by the circuit court of appeals reversing decrees of the district court, 295 Fed. 372; 7 F.2d 893, in three consolidated cases in admiralty by libels in personam, brought against the Fleet Corporation by the present respondents to recover the value of goods shipped by them on a vessel owned by the United States and operated by the Corporation, which was wrecked and lost after a alleged deviation from the agreed voyage.
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Chicago: U.S. Supreme Court, "Syllabus," Fleet Corp. v. Rosenberg Brothers, 276 U.S. 202 (1928) in 276 U.S. 202 276 U.S. 203–276 U.S. 208. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=CCC3TFQQSQQ8LSH.
MLA: U.S. Supreme Court. "Syllabus." Fleet Corp. v. Rosenberg Brothers, 276 U.S. 202 (1928), in 276 U.S. 202, pp. 276 U.S. 203–276 U.S. 208. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CCC3TFQQSQQ8LSH.
Harvard: U.S. Supreme Court, 'Syllabus' in Fleet Corp. v. Rosenberg Brothers, 276 U.S. 202 (1928). cited in 1928, 276 U.S. 202, pp.276 U.S. 203–276 U.S. 208. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=CCC3TFQQSQQ8LSH.
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