Kinman

Libelant alleges that he was injured while performing his duties as a seaman on a merchant vessel owned and operated by the United States, and that his injuries were the proximate result of the negligence of respondent; he brings suit under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq. and the general maritime law. Respondent moves to dismiss on the ground that the statute of limitations had extinguished the cause of libel before the libel was filed. Libel-ant alleges that he was injured on June 15, 1953, and his libel was filed on July 7, 1955, a period of two years and twenty-two days after the date of the alleged injury.

A two year statute of limitations applies under the Suits in Admiralty Act; 46 U.S.C.A. § 745 provides in part:

Libelant seeks to avoid the bar of the statute of limitations by his claim that the statute was tolled for a period of sixty days during which he was prohibited by law from bringing suit because his claim for administrative relief was pending.

Seamen such as libelant who are employed by the United States on government-owned vessels are given the same rights as seamen employed on privately owned American vessels, in a statute commonly…