Colgate Palmolive Co. v. S/S Dart Canada

The issue on this appeal, as I view it, is not whether appellant’s action against Global Terminal & Container Services, Inc. is within the federal maritime jurisdiction of the district court, but whether state or federal law controls when construing and applying the provisions of a bill of lading which was issued in interstate commerce. I believe that Congress has asserted its constitutionally accorded preeminence in this area and that federal law controls. See North Am. Phillips Corp. v. Emery Air Freight Corp., 579 F.2d 229, 233-34 (2d Cir.1978); Guinasso v. Pacific First Fed. Sav. & Loan…