Thomason
Thomason v. United States
Opinion
Opinion
Orr, J.
Pursuant to a written contract of employment appellants worked as seamen aboard tugboats operated by the United States during World War II in, the European Theatre of Operations. They had a civil service status. Appellants sued, alleging a breach of contract in that the United States had failed to pay overtime and bonus amounts claimed to be due. Jurisdiction was alleged to exist under the Tucker Act, 28 U.S.C.A. § 41 (20), now 28 U.S.C.A. §§ 1346 , 2401, 2402.
The trial court dismissed the action. We think the judgment oí dismissal should be sustained upon the ground that exclusive jurisdiction of wage suits by civil service employees of the United States serving as seamen on its public vessels is under the Public Vessels Act, 46 U.S.C.A. §§ 781-790 , and the Suits in Admiralty Act, 46 U.S.C.A. §§ 741-752 . These Acts have a two-year limitation. The suit was filed after the expiration of that time and, hence, was too late.
As we read the decisions dealing with the Public Vessels Act, there seems to have been an increasing recognition of the greater breadth of its scope as different jurisdictional questions have been presented. It was at first thought to apply almost exclusively…