Legal Opinion
Holt Marine Terminal, Inc. v. United States Lines
District Court, S.D. New York
Decided July 20, 1978No. 77 CIV. 5064PublishedCited by 9 opinions
1Opinion of the Court
Memorandum Opinion and Order.
MOTLEY, District Judge.
This is an action under the court’s diversity jurisdiction, 28 U.S.C. § 1332, 1 2in which a terminal operator sues a carrier for nonpayment of certain charges called “gate charges”. The carrier has moved that this action be dismissed or stayed pending the submission of the issues to the Federal Maritime Commission. The motion is denied since the court has determined that it is the appropriate forum in which to try the issues in this case.
The following facts are based upon the parties’ briefs and the oral argument held on June 15, 1978.…
2Cases cited7 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- United States Navigation Co. v. Cunard Steamship Co.Supreme Court of the United States · 1932
- Louis Danna, Robert F. Esler, and All Others Similarly Situated v. Air FranceCourt of Appeals for the Second Circuit · 1972
- Prince Line, Ltd. v. American Paper Exports, Inc.Court of Appeals for the Second Circuit · 1932
- Jack A. Rainier, in No. 13337 v. Champion Container Company, Irwin R. Weiner, in No. 13338, Ira Earl Robinson and Harry A. RobinsonCourt of Appeals for the Third Circuit · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
- Travellers International AG v. Trans World Airlines, Inc.District Court, S.D. New York · 1989
- Aristocrat Leisure Ltd. v. Deutsche Bank Trust Co. AmericasDistrict Court, S.D. New York · 2009
- Puerto Rico Maritime Shipping Authority v. Federal Maritime CommissionCourt of Appeals for the First Circuit · 1996
- Tombler v. Board of Education of Brookhaven-Comsewogue Union Free School DistrictNew York Supreme Court · 1981
4 more not listed; retrieve them via the Exa API.