113 F. Supp. 190 | Ct. Cl. | 1953
delivered the opinion of the court:
The petition of plaintiff together with the statements contained in and attached to a motion for call on the Govern
In this suit plaintiff seeks to recover, as Temporary Ee-ceiver of the corporation, on claims for losses under the said marine hull insurance policies issued by the United States on said vessels, which were written by the United States pursuant to the authority of Section 10 of the Merchant Marine Act of 1920. Plaintiff also seeks to recover on a claim under the time charter, for alleged unpaid charter hire and sums alleged to have been expended by the corporation for wages of master and crew, and expenses of the vessels.
The defendant has filed a motion to dismiss on the grounds (1) that this court does not have jurisdiction over the subject matter of the suit by reason of the provisions of the Suits in Admiralty Act of March 9,1920 (41 Stat. 525; 46 U. S. C.
After careful consideration and study of the briefs and arguments of counsel for the parties in connection with the defendant’s motion to dismiss, and after consideration and study of the provisions of the Suits in Admiralty Act of 1920, and the authorities cited by counsel for plaintiff and defendant in support of their respective positions relative to the question of jurisdiction of this court, we are of the opinion that plaintiff’s action is based on maritime contracts and is therefore a proceeding in Admiralty and must, under the provisions of the Suits in Admiralty Act, be brought in the United States district courts. The Suits in Admiralty Act of 1920 withdrew from this court jurisdiction in such cases and vested exclusive jurisdiction thereof in the United States district courts. Matson Navigation Co. v. United States, 284 U. S. 352; Johnson v. U. S. Shipping Board Emergency Fleet Corp., 280 U. S. 320; Calmar S. S. Corp. v. United States, 345 U. S. 446; De La Rama Steamship Co. v. United States, 344 U. S. 386; M. & J. Tracy, Inc. v. United States, ante, p. 70.
On the facts disclosed by the record and on the authorities cited, we are of the opinion that the first ground of the defendant’s motion to dismiss for lack of jurisdiction of the subject matter of the action under the Suits in Admiralty Act is well taken, and is sustained. In view of our conclusion that this court does not have jurisdiction of the claims presented by plaintiff’s petition, it is unnecessary to discuss the other grounds of defendant’s motion to dismiss.
The defendant’s motion to dismiss for lack of jurisdiction is granted, and the plaintiff’s petition is dismissed.
It is so ordered.