Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

THOMAS v. UNITED STATES

June 23, 1954

William R. THOMAS
v.
UNITED STATES of America



The opinion of the court was delivered by: WELSH

The respondent has filed a motion to dismiss the action for lack of jurisdiction.

1. The Act of June 2, 1951, 46 U.S.C.A. § 1241a *fn1" provides that the provisions of Section 1291(a) of the Appendix to Title 50 U.S.C.A. are applicable.

 2. Said Section 1291(a) requires that a seaman employed by the United States shall apply for administrative allowance or disallowance as a condition precedent to the bringing of suit and administrative orders issued pursuant thereto require the passage of sixty days before there is a presumptive disallowance of a claim so filed.

 3. In the present action no claim for damages on account of negligence and unseaworthiness had been filed prior to February 12, 1954. In addition, prior to the institution of the present action on February 23, 1954, there had been no disallowance of the claim which had been filed on February 12, 1954 and there had been no presumptive disallowance of said claim since sixty days had not expired from the date of the filing of said claim.

 4. Thus, it is apparent that the present suit cannot be maintained and respondent's motion to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.