Modin v. Matson Nav. Co.

MATHEWS, Circuit Judge.

This was an action by appellant, David Modin, hereafter- called plaintiff, against appellee, Matson Navigation Company, hereafter called defendant, in the District Court of the Unit.ed States for the Northern District of California. It was an action at law. The complaint was in two counts. Defendant moved to dismiss count 1 upon the ground that it failed to state a claim upon which relief could be granted, and to dismiss count 2 upon the same ground and upon the further ground that the District Court, sitting as a law court, had no jurisdiction thereof. The court heard…