Legal Opinion
Federal Commerce & Navigation Co. v. the M/V Marathonian
District Court, S.D. New York
Decided April 8, 1975No. 74 Civ. 1899 (JMC)PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM DECISION
CANNELLA, District Judge:
Upon the authority of Robins Dry Dock & Repair Co. v. Flint, 275 U. S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927), the defendants have moved the Court for an order dismissing the complaint for failure to state a claim upon which relief can be granted. 1 As we find the decision in Robins controlling, the motion is hereby granted.
Accepting, as we must on motions of the instant nature, the allegations of the complaint as true, the facts giving rise to this controversy are easily stated. At all times here relevant, the plaintiff, Federal Commerce &…
2Cases cited23 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
- Union Oil Company v. James J. Oppen and John J. MastersonCourt of Appeals for the Ninth Circuit · 1974
- Ira S. Bushey & Sons, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1968
- Keene Lumber Co. v. LeventhalCourt of Appeals for the First Circuit · 1948
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Falls Riverway Realty, Inc. v. City of Niagara FallsCourt of Appeals for the Second Circuit · 1985
- Marr Enterprises, Inc., and Ben Paz v. Lewis Refrigeration Co.Court of Appeals for the Ninth Circuit · 1977
- State of Louisiana v. TestbankCourt of Appeals for the Fifth Circuit · 1985
- Louisville And Nashville Railroad Co. v. The Tug M/V Bayou LacombeCourt of Appeals for the Fifth Circuit · 1979
- Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1978
14 more not listed; retrieve them via the Exa API.