Proleride Transport Systems, Inc. v. Union Carbide Corp.

MEMORANDUM

CAFFREY, Chief Judge.

This is a civil action seeking damages and injunctive relief on the basis of an assignment of interest in a parcel of land in Everett, Massachusetts, which includes rights to the use of a wharf on the Mystic River. The matter is before the Court and oral argument has been heard on defendant’s motion to dismiss for lack of subject matter jurisdiction. Plaintiffs assert admiralty jurisdiction within the meaning of Rule 9(h), Fed.R.Civ.P. in their complaint and in their memorandum in opposition to the motion to dismiss. I rule that this complaint does not allege a…