Court of Appeals for the Second Circuit January 7, 1929, No. 86 (Federal Sugar Refining Co. v. United States)

L. HAND, Circuit Judge

(after stating the facts as above). As the petition was filed more than two years after the cause of suit arose, the demurrer was good, if the Suits in Admiralty Act (46 USCA §§ 741-752) gave the exclusive remedy in the premises. If, on tha other hand, a petition also lies under the Tucker Act (24 Stat. 505), the petition was filed in season.