New Jersey Shipbuilding & Dredging Co. v. Davis

LEARNED HAND, District Judge.

This case now reappears on two motions. The libelant, not challenging the correctness of my earlier ruling, acknowledges that the law is still uncertain whether the Director General, who is certainly the only proper party respondent (Missouri Pacific R. R. v. Ault, 256 U. S. 554, 41 Sup. Ct. 593, 65 L. Ed. 1087; Nor. Car. R. Co. v. Lee, 260 U. S. 16, 43 Sup. Ct. 2, 67 L. Ed. —), is a single legal person or has separate legal personalities for each carrier of which he is the agent. Apprehending a loss of proof and great delay if the second alternative turn out to…