Jentry

Jentry v. United States

Good Law
73 F. Supp. 899·1947 U.S. Dist. LEXIS 2215
United States District Court, Southern District of CaliforniaOctober 14, 19475816California1,854 words

Opinion

Opinion

Mathes, J.

Libelant, formerly “an employee of the United States of America by and through the Army Transport Service”, filed this libel in personam against the United States for allegedly unpaid wages and bonus.

The libel avers that libelant served as able-bodied seaman aboard various army transports and tugs from April 6, 1944 until March, 30, 1945 pursuant to a written contract of employment with the Army Transport Service providing for certain base pay plus war bonuses; that certain overtime, together with area war bonus of $5 per day for all service in the Pacific Ocean west of the 180th Meridian, accrued to libelant under the contract and remains unpaid.

Consent to invoke the admiralty jurisdiction of this court to enforce his claim against the Government is found, libelant asserts, in the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq. The Government has filed exceptions urging that the libel fails to allege facts sufficient to show the jurisdiction of this court over the person of respondent in this cause. [Cf. United States Shipping Board Emergency Fleet Corporation v. Rosenberg Bros., 1927, 276 U.S. 202, 214 , 48 S.Ct. 256 , 72 L.Ed. 531 .] Attached to these exceptions are…

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