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Clyde-Mallory Lines v. The Eglantine, 317 U.S. 395 (1943)
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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.
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
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
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. 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. 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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Chicago: U.S. Supreme Court, "Syllabus," Clyde-Mallory Lines v. The Eglantine, 317 U.S. 395 (1943) in 317 U.S. 395 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HQLL8GHQTYD3SVU.
MLA: U.S. Supreme Court. "Syllabus." Clyde-Mallory Lines v. The Eglantine, 317 U.S. 395 (1943), in 317 U.S. 395, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HQLL8GHQTYD3SVU.
Harvard: U.S. Supreme Court, 'Syllabus' in Clyde-Mallory Lines v. The Eglantine, 317 U.S. 395 (1943). cited in 1943, 317 U.S. 395. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HQLL8GHQTYD3SVU.
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