(A) the plaintiff elects in the complaint; and
(B) it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed.
|Source (U.S. Code)||Source (Statutes at Large)|
|30907(a)||46 App.:743 (1st, 4th sentences).||Mar. 9, 1920, ch. 95, §3 (1st, 4th–6th sentences), 41 Stat. 526.|
|30907(b)||46 App.:743 (5th, 6th sentences).|
In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence) is omitted as unnecessary.
In subsection (b)(1)(A), the words "plaintiff" and "complaint" are substituted for "libelant" and "libel", respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words "in any proper case" are omitted as unnecessary.
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