Duffy v. United States Shipping Board Emergency Fleet Corp.

Judgment modified by providing that the complaint is dismissed not upon the merits but for lack of jurisdiction of the subject-matter, and as so modified affirmed, without costs, on the authority of Johnson v. U. S. Shipping Board Emergency Fleet Corporation, and accompanying oases, decided by the Supreme Court of. the United States January 6, 1930. [280 U. S. 320.] Present — Dowling, P. J., Finch, MeAvoy, Martin and O’Malley, JJ.