Legal Opinion
Suissa v. American Export Lines, Inc.
District Court, S.D. New York
Decided December 14, 1973No. 73 Civ. 1762 R.J.WPublishedCited by 2 opinions
1Opinion of the Court
ROBERT J. WARD, District Judge.
This is a seaman’s action for overtime wages in the amount of $3,384.82 originally brought in New York Civil Court but claiming penalties for non-payment pursuant to 46 U.S.C. § 596. Defendant removed the case to this Court, invoking jurisdiction under 29 U.S.C. § 185 (commonly known as § 301 of the Labor Management Relations Act), and moved to dismiss the complaint pursuant to Rule 12(b), Fed.R.Civ.P., for failure to state a claim upon which relief could be granted. Since the motion was supported and opposed with affidavits it is treated as one for summary…
2Cases cited4 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
- Smith v. Evening News Assn.Supreme Court of the United States · 1962
- U. S. Bulk Carriers, Inc. v. ArguellesSupreme Court of the United States · 1971
3Cited by2 opinions
- James C. Schum v. South Buffalo Railway Co.Court of Appeals for the Second Circuit · 1974
- Yulio v. Moore-McCormack Lines, Inc.District Court, S.D. New York · 1975