Legal Opinion
Southern Railway System v. Leyden Shipping Corp.
District Court, S.D. New York
Decided September 23, 1968No. 68 Civ. 18PublishedCited by 11 opinions
1Opinion of the Court
MANSFIELD, District Judge.
In this action by a railroad carrier for recovery of demurrage charges incurred on 53 car loads of pig iron shipped from Birmingham, Alabama to Mobile, Alabama, where they were to be exported by sea, the defendant Habag Corporation (“Habag” herein), purchaser of 36 of the car loads, moves pursuant to Rule 12(b) (6) and (7), F.R. C.P., to dismiss the complaint for failure to state a claim upon which relief can be granted and for failure to join indispensable parties. Since the motion, insofar as it is based on Rule 12(b) (6), is based on matters outside of the…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- American Railway Express Co. v. Mohawk Dairy Co.Massachusetts Supreme Judicial Court · 1924
- The Pennsylvania Railroad Company v. Moore-Mccormack Lines, Inc.Court of Appeals for the Second Circuit · 1966
- John G. Duarte Amd T. S. Shinn v. Bank of HawaiiCourt of Appeals for the Ninth Circuit · 1961
- Boston & Maine Railroad v. Hannaford Bros.Supreme Judicial Court of Maine · 1949
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Redna Marine Corp. v. PolandDistrict Court, S.D. New York · 1969
- Horton Co. v. International Telephone & Telegraph Corp.District Court, W.D. Pennsylvania · 1980
- Southern Pacific Transportation Co. v. Matson Navigation Co.District Court, N.D. California · 1974
- Smith v. MandelDistrict Court, D. South Carolina · 1975
6 more not listed; retrieve them via the Exa API.