Legal Opinion

Harmon v. Boland

District Court, S.D. New York

Decided May 16, 1950PublishedCited by 1 opinion

1Opinion of the Court

MEDINA, District Judge.

Defendants herein move for an order dismissing the first and second causes of action. The first cause of action is brought under the Jones Act, 46 U.S.C.A. § 688, which requires that such an action be brought in the district where the defendants reside or where they maintain their principal office. The requirement is one of venue and not of jurisdiction. Panama R. Co. v. Johnson, 1924, 264 U.S. 375, 44 S.Ct. 391, 68 L.Ed. 748. If the cause of action under the Jones Act is dismissed for improper venue, defendants claim that the second cause of action must fall for lack…

2Cases cited4 opinions

  1. Panama Railroad v. JohnsonSupreme Court of the United States · 1924
  2. Caceres v. United States Shipping Board Emergency Fleet Corp.District Court, E.D. New York · 1924
  3. Burris v. Matson Nav. Co.District Court, S.D. New York · 1940
  4. Ebanks v. Grace Line, Inc.District Court, S.D. New York · 1947

3Cited by1 opinion

  1. White v. Waxler Towing Co.District Court, N.D. Illinois · 1965

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