Legal Opinion
Maritime Service Corp. v. Sweet Brokerage De Puerto Rico, Inc.
Court of Appeals for the First Circuit
Decided June 25, 1976No. Nos. 75-1277, 75-1303 and 75-1305PublishedCited by 19 opinions
1Opinion of the Court
CAMPBELL, Circuit Judge.
The question in this case is whether an action for demurrage under a tariff filed pursuant to the Shipping and Intereoastal Shipping Acts, 46 U.S.C. §§ 801 et seq. and 843 et seq., is one that “arises under” those Acts so as to provide federal jurisdiction under 28 U.S.C. § 1337.
Maritime Service Corporation is an agent of various ocean carriers who are required by the Shipping Acts to file tariffs with the Federal Maritime Commission. The tariffs in question set demurrage charges, i. e., charges to be assessed shippers or consignees who detain the carriers’ freight…
2Cases cited18 opinions
- American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
- T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd.Supreme Court of the United States · 1983
- Brame v. Ray Bills Finance Corp.District Court, N.D. New York · 1979
- Michigan Savings & Loan League v. FrancisCourt of Appeals for the Sixth Circuit · 1982
- Capitol Transportation, Inc. v. United States of America and Federal Maritime Commission, Sea-Land Service, Inc., IntervenorsCourt of Appeals for the First Circuit · 1979
- Smart v. First Federal S & L Ass'n of DetroitDistrict Court, E.D. Michigan · 1980
14 more not listed; retrieve them via the Exa API.