[DOWNLOAD] "United States v. Poling Russell Inc." by Second Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Poling Russell Inc.
• Author : Second Circuit United States Court Of Appeals
• Release Date : January 29, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

As a part of its governmental immunity the United States as a litigant cannot be held for costs in the absence of an authorizing statute. United States v. Chemical Foundation, 272 U.S. 1, 20, 47 S. Ct. 1, 71 L. Ed. 131; United States v. Worley, 281 U.S. 339, 344, 50 S. Ct. 291, 74 L. Ed. 887; 28 U.S.C. 2412(a). This principle is directly applicable to prevent allowance of costs to a defendant successful in opposing an action brought by the United States. United States v. Chemical Foundation, supra. The present litigation is under the Public Vessels Act, 46 U.S.C. 782, which incorporates by reference the provisions of the Suits in Admiralty Act, 46 U.S.C. 743, by which costs may be awarded to a libellant who successfully asserts a claim against the United States. This, however, still leaves unauthorized, and therefore illegal, the award of costs to a successful respondent who opposes a claim of the government. Globe & Rutgers Fire Ins. Co. v. United States, 2 Cir., 105 F.2d 160, 165, certiorari denied 308 U.S. 611, 60 S. Ct. 175, 84 L. Ed. 511; The Glymont, 2 Cir., 66 F.2d 617. The case cited to us by respondents, The Pasadena, 4 Cir., 55 F.2d 51, states no different rule, for there before the United States dismissed its libel it had stipulated that the respondent was entitled to damages on the latters setoff.

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