Ingham v. Smith

OPINION

HERLANDS, District Judge:

On November 1, 1966, plaintiff commenced this action, in the nature of mandamas brought under the Administrative Procedure Act, Title 5, U.S.C.A., Section 703, to declare the defendant’s order of August 17, 1966, affirming the revocation of plaintiff’s Merchant Mariner's Document, “to be null and void”.

The complaint alleges that plaintiff was a deck maintenance man on board a merchant vessel of the United States, the SS Flying Enterprise II; that, according to a charge filed against him on June 24, 1965, pursuant to Title 46, U.S.C.A., Section 239, plaintiff…