Opinion · Court of Appeals for the Second Circuit

Hyundai Merchant Marine Co. v. United States

75 F.3d 134

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1996-01-26
Topic
general

JON O. NEWMAN, Chief Judge: This is an appeal from the June 6, 1995, judgment of the District Court for the Southern District of New York (Peter K. Leisure, Judge), dismissing a tort claim against the United States as barred by 10 U.S.C. § 2798 (1994). Hyundai Merchant Marine Co. v. United States, 888 F.Supp. 543 (S.D.N.Y. 1995).

Citator

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Cited by
1 opinion
HYUNDAI MERCHANT MARINE CO. v. UNITED STATES,75 F.3d 134(2nd Cir. 1996)
HYUNDAI MERCHANT MARINE CO., LTD., POHANG IRON AND STEEL CO., LTD., THE
ORIENTAL FIRE and MARINE INSURANCE CO., LTD., THE SHIN DONG-A FIRE and
MARINE INSURANCE CO., LTD., DAEHAN FIRE, MARINE INSURANCE CO., LTD.,
INTERNATIONAL FIRE and MARINE INSURANCE CO., LTD., KORYO FIRE and
MARINE INSURANCE CO., LTD., FIRST FIRE and MARINE INSURANCE CO., LTD.,
HAEDONG FIRE and MARINE INSURANCE CO., LTD., THE ANKUK FIRE and MARINE
INSURANCE CO., LTD., HYUNDAI MARINE and FIRE INSURANCE CO., LTD., LUCKY
INSURANCE CO., LTD., KOREA AUTOMOBILE FIRE and MARINE INSURANCE CO., LTD.,
Plaintiffs-Appellants, v. UNITED STATES OF AMERICA, Defendant-Appellee.
No. 959, Docket No. 95-6178.
United States Court of Appeals, Second Circuit.
Argued: January 18, 1996.
Decided: January 26, 1996.
John W. Wall, New York, N.Y. (Richard V. Singleton, Healy Baillie, New York, N.Y., on the brief), for plaintiffs-appellants.

Janis C. Schulmeisters, U.S. Dept. of Justice, New York, N Y (Frank W. Hunger, Asst. Atty. Gen., Jack S. Rockafellow, U.S. Dept. of Justice, New York, N.Y., Mary Jo White, U.S. Atty., S.D.N.Y., New York, N.Y., on the brief), for defendant-appellee.
Appeal from the June 6, 1995, judgment of the United States District Court for the Southern District of New York (Peter K. Leisure, Judge) dismissing plaintiffs' claim against defendant as barred by 10 U.S.C. §(s) 2798 (1994).

Affirmed.
Before: NEWMAN, Chief Judge, MAHONEY and FRIEDMAN,fn*Circuit Judges.
JON O. NEWMAN, Chief Judge:
[1] This is an appeal from the June 6, 1995, judgment of the District Court for the Southern District of New York (Peter K. Leisure, Judge), dismissing a tort claim against the United States as barred by 10 U.S.C. §(s) 2798 (1994).HyundaiMerchant Marine Co. v. United States,888 F. Supp. 543(S.D.N Y 1995). The appeal presents essentially two issues: (a) whether a suit based on the failure of the Defense Mapping Agency to updatePage 135a navigational chart is within the scope of section 2798, which provides that "[n]o civil action may be brought against the United States on the basis of the content of a navigational aid prepared or disseminated by the Defense Mapping Agency," and (b) if so, whether the application of section 2798 in this case denies the appellants any constitutional rights.

[2] The District Court answered the first question in the affirmative and the second question in the negative, and therefore dismissed the suit. We affirm on the basis of Judge Leisure's comprehensive and well-reasoned opinion.
  1. Honorable Daniel M. Friedman, of the United States Court of Appeals for the Federal Circuit, sitting by designation. ↩