PETITION OF UNITED STATES. THE SPRING HILL. HEIER ET AL.
v.
PANAMA TRANSPORT CO. ET AL.

2d Cir. | 1949-01-31
Nos. 140, Docket 21192
172 F.2d 355 United States Court of Appeals for the Second Circuit (1949) Positive Treatment
Cited by 5 cases

Opinion of the Court
FRANK, Circuit Judge.

FRANK, Circuit Judge.

Ordinarily the trial judge has discretion to permit the filing of later claims in an admiralty proceeding, at least as long as the fund has not been entirely distributed or a final decree entered. Meyer v. New England Fish Co., 9 Cir., 136 F. 2d 315; Petition of Chester A. Poling, Inc., D.C.E.D.N.Y., 51 F.Supp. 375.

Since the appellants are Norwegian seamen, uninformed about oür laws and procedures, who apparently were under the mistaken impression that their claims had been filed, leave to file the claims should have been granted, subject to the condition, to which their attorney agreed, that it would in no way prejudice any claimant who filed his claim within the prescribed time.

Reversed.


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