Legal Opinion

Cunningham v. Bethlehem Steel Co.

District Court, S.D. New York

Decided July 28, 1964PublishedCited by 7 opinions

1Opinion of the Court

METZNER, District Judge.

Defendant Texas Gulf Sulphur moves to dismiss the complaint pursuant to rule 12(b) (1) for lack of jurisdiction of the subject matter and pursuant to rule 12(b) (6) for failure to state a claim upon which relief can be granted. The plaintiffs have cross-moved to remand the action to the state court pursuant to 28 U.S.C. § 1447(c).

The action has been instituted by five representatives of the estates of five crewmen who were lost when the vessel SS. Marine Sulphur Queen disappeared at sea in February 1963. 1

The first cause of action seeks relief by virtue of the Death on…

2Cases cited14 opinions

  1. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  2. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  3. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  4. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
  5. General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Charles Gonsalves v. Amoco Shipping CompanyCourt of Appeals for the Second Circuit · 1984
  2. Dore v. Link Belt Co.Court of Appeals for the Fifth Circuit · 1968
  3. Hages v. Aliquippa & Southern RailroadDistrict Court, W.D. Pennsylvania · 1977
  4. Jacob Suissa v. American Export Lines, Inc. (F/k/a American Export Isbrandtsen Lines, Inc.)Court of Appeals for the Second Circuit · 1974
  5. Traub v. Holland-America LineDistrict Court, S.D. New York · 1967

2 more not listed; retrieve them via the Exa API.

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