Executive Jet Aviation, Inc. v. City of Cleveland

I wish to add a few words of concurrence to Chief Judge Phillips’ opinion. Our court adopted the “locality-plus” test of maritime jurisdiction in Chapman v. City of Grosse Pointe Farms, 385 F.2d 962 (6th Cir. 1967), and Wiper v. Great Lakes Engineering Works, 340 F.2d 727 (6th Cir. 1965), cert. denied, 382 U.S. 812, 86 S.Ct. 28, 15 L.Ed.2d 60 (1965), but I agree with Judge Phillips that the difference between that test and the “locality-alone” test is not involved in the decision of this case. The crucial question here — on which I read Judge Phillips and Judge Edwards to take opposite views…