Legal Opinion

Thaxter v. City of New York

District Court, S.D. New York

Decided March 8, 1989No. 88 Civ. 5365 (WCC)Published

1Opinion of the Court

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

On February 3, 1989, I denied defendant’s motion to dismiss plaintiff’s first cause of action “with leave to renew the motion.” Thaxter v. The City of New York, 704 F.Supp. 531, 535 (1989). Although I was inclined to hold that “coasting voyages,” as used in 46 U.S.C. § 596 (replaced by 46 U.S.C. § 10504), involve the transit of vessels from one port to another, I felt it would be unfair to dismiss plaintiff’s claim for penalties without affording him an opportunity to brief the issue.

Defendant timely renewed its motion. After carefully…

2Cases cited5 opinions

William T. Gardner v. The Tugboat L. N. Danzler, Her Engines, Tackle, Etc., in Rem, and Norfolk Dredging Company, in PersonamCourt of Appeals for the Fourth Circuit · 1960
Dendrinos v. City of New YorkDistrict Court, S.D. New York · 1949
Carson v. Gulf Oil CorporationDistrict Court of Appeal of Florida · 1960
Gardner v. The L. N. DanzlerDistrict Court, E.D. Virginia · 1959
Thaxter v. City of New York (Department of Environmental Protection)District Court, S.D. New York · 1989