This section contains the nature of the case and procedural background.

On March 30, 1942, Galban Lobo Co., S. A., a Cuban corporation, filed a libel in the district court against the Ucayali for its failure to carry a cargo of sugar from a Peruvian port to New York, as required by the terms of a charter party entered into by libelant with a Peruvian corporation acting as agent in behalf of the Peruvian Government. P, acting by the master of the vessel, intervened in the district court by filing a claim to the vessel, averring that P was the sole owner, and stating: 'The filing of this claim is not a general appearance and is without prejudice to or waiver of all defenses and objections which may be available to respondent and claimant, particularly, but not exclusively, sovereign immunity.' P procured the release of the vessel by filing a surety release bond in the sum of $60,000, on which P was principal. The bond was conditioned upon payment of any amount awarded to the libelant by the final decree in the cause. P proceeded in the cause to take the testimony of the master on the merits. P made clear its appearance was for the special purpose only of taking the testimony of the master under the reservation made. P moved for and got 3 extensions of time within which to answer or otherwise plead to the libel. Each motion was made 'with full reservation and without waiver of any defenses and objections which may be available to mover, particularly, but not exclusively, sovereign immunity.' P sought recognition by the State Department of P's claim of immunity. This resulted in formal recognition by the State Department of the claim of immunity. The United States Attorney filed in the district court a formal statement advising the court of the proceedings and praying 'that the claim of immunity made on behalf of the said Peruvian Steamship Ucayali and recognized and allowed by the State Department be given full force and effect by this court.' P moved for the release of the vessel and that the suit be dismissed. The district court claimed that P had waived its immunity by applying for extensions of time within which to answer, and by taking the deposition of the master -- steps which the district court thought constituted a general appearance despite P's attempted reservation of its right to assert its immunity as a defense in the suit. P filed a petition for a writ of prohibition or of mandamus with the Supreme Court.

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