Legal Opinion · Concurrence

In re Complaint of Interocean Ships, Inc.

High Court of American Samoa

Decided November 11, 1985No. AP No. 032-84Published

1ConcurrenceMurphy, Acting Chief Justice

At the outset I note that both the Trial and Appellate Division are quite correct in pointing out that the High Court of American Samoa is not a United States District Court. The vessel Pacific Princess v. Trial Division, 2 A.S.R. 2d 21 (1984). It‘is a territorial court duly constituted under Articles IV of the United States Constitution. This fact has cause problems for the Territory and the Court. As Chief Justice Gardner pointed out in his concurring opinion in Pacific Princess. "To me the lack of access by the residents of this territory to a court with federal jurisdiction is…

2Cases cited5 opinions

  1. Inter-Island Steam Navigation Co. v. Territory of HawaiiSupreme Court of the United States · 1938
  2. Meaamaile v. American SamoaDistrict Court, D. Hawaii · 1982
  3. Cramer v. ShayCalifornia Court of Appeal · 1979
  4. Complaint of CaldasDistrict Court, E.D. Pennsylvania · 1972
  5. In re Canada S. S. Lines, Ltd.District Court, N.D. Ohio · 1950

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