Opinion · Court of Appeals for the Second Circuit

New York & Porto Rico S. S. Co. v. United States

116 F.2d 799

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1940-07-03
Topic
general

PER CURIAM. Although it appears clear that the District Court lacks jurisdiction, we deny the motion because (1) the District Judge has not been made a party and (2) this Court lacks jurisdiction under the doctrine of In re Heilbroner, 2 Cir., 69 F.2d 643.

Citator

UpLaw has not yet analyzed New York & Porto Rico S. S. Co. v. United States. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
3 opinions
NEW YORK PORTO RICO S.S. v. UNITED STATES,116 F.2d 799(2nd Cir. 1940)
NEW YORK PORTO RICO S.S. CO. et al. v. UNITED STATES et al.
Circuit Court of Appeals, Second Circuit.
July 3, 1940.
Action by the New York Porto Rico Steam Ship Company and another against the United States of America and another. Motion to dismiss was denied by the District Court,32 F. Supp. 538, whereupon defendants applied to the Circuit Court of Appeals for a writ of prohibition.

Writ denied.

See, also,36 F. Supp. 190.
Burlingham, Veeder, Clark Hupper, of New York City, for plaintiffs.

Harold M. Kennedy, U.S. Atty., of Brooklyn, N.Y., and William E. Collins, Sp. Asst. to U.S. Atty. and Dist. Counsel of U.S. Maritime Commission, of New York City, for defendants.
Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.
PER CURIAM.
Although it appears clear that the District Court lacks jurisdiction, we deny the motion because (1) the District Judge has not been made a party and (2) this Court lacks jurisdiction under the doctrine of In re Heilbroner, 2 Cir.,69 F.2d 643.Page 800