Henz

Libelant brings this libel against the United States, setting forth a cause of action for damages, wages, maintenance and cure under the Suits in Admiralty Act, 46 U.S.C.A. §§ 741-752 , the Jones Act, 46 U.S.C.A. § 688 , and the Public Vessels Act, 46 U.S.C.A. §§ 781-790 .

Subsequent to filing his libel in personam, libelant has moved for discovery of certain documents allegedly taken by and in possession of the United States.

Respondent, following libelant’s motion for discovery, submitted certain exceptions to the libel. In addition respondent opposed, in part, libelant’s motion for discovery. Since the exceptions to the libel go to the jurisdiction of the court, they will be considered at once. Thereafter, the motion for discovery will be ruled upon.,

It is respondent’s position that the statutes upon which libelant is relying, require the filing of a claim with the responsible government agency, namely the United States Army Transport Service, six months prior to the instituting of suit. This, libelant has not alleged in his libel nor done in fact. Therefore, respondent has moved for dismissal of the libel.

In order to pass upon respondent’s contention, the court must…