Fort Gary Flour Mills Co. v. Steamship Belgium Maru
District Court, S.D. New York
Fort Gary Flour Mills Co. v. Steamship Belgium Maru, 63 F. Supp. 892 (1935)
1935 U.S. Dist. LEXIS 1005
Fort Gary Flour Mills Co. v. Steamship Belgium Maru
Opinion of the Court
The exceptive allegations will be held proper to effectively dispose of the issues raised. I have given careful thought to the opinion of Foster, C. J., in The Scantic, 5 Cir., 40 F.2d 39, 1930 A.M.C. 899, but the reasoning in California-Atlantic Steamship Co. v. Central Door & Lumber Co., 9 Cir., 206 F. 5, and Judge Inch in El Oriente, D. C., 5 F.2d 251, is more persuasive.
Exceptions will be sustained and an order may be entered severing the action and dismissing the libel as against the Pennsylvania Railroad Company.
Reference
- Full Case Name
- FORT GARY FLOUR MILLS COMPANY, Limited, Libellant v. THE Steamship BELGIUM MARU, Her Engines, etc., Kokusal Kisen Kabushiki Kaisha (Kokusal Steamship Co., Ltd.), and Pennsylvania Railroad Company
- Cited By
- 2 cases
- Status
- Published