Opinion
No. 436.
June 6, 1932.
Appeal from the District Court of the United States for the Southern District of New York.
Suit by Dallas W. Dietrich, doing business under the firm name and style of the Atlantic Seaboard Flour Mills, against the United States Shipping Board Merchant Fleet Corporation, to recover on a judgment obtained in the New York State Supreme Court. From a decree dismissing the bill, the plaintiff appeals.
Affirmed.
Neil P. Cullom, of New York City (James E. Freehill, of New York City, of counsel), for appellant.
George Z. Medalie, U.S. Atty., of New York City (Frederick H. Cunningham, of New York City, of counsel), for appellee.
Before MANTON, SWAN, and CHASE, Circuit Judges.
Upon the theory that the Susquehanna Steamship Company was operating the ship Panola as agent for the appellee, the appellant seeks to recover on a judgment obtained in the state Supreme Court. The recovery is for a breach of a contract of carriage. The ship Panola was a merchant vessel owned by the United States. Under the authority of United States Shipping Board Emergency Fleet Corp. v. Lustgarten, 280 U.S. 320, 50 S. Ct. 118, 74 L. Ed. 451, and Weinstein v. Black Diamond S.S. Corp., 40 F.2d 590 (C.C.A. 2), the exclusive remedy as against the United States is under the Suits in Admiralty Act (46 USCA §§ 741-752). The rule announced in these cases is applicable to the instant suit, and upon such authority the bill was properly dismissed.
Decree affirmed.