U.S. Court of Appeals for the Second Circuit, 1940

New York & Porto Rico S. S. Co. v. United States

U.S. Court of Appeals for the Second Circuit · Decided July 3, 1940 · Hand, Patterson, Swan

116 F.2d 799; 1940 U.S. App. LEXIS 4755 (Federal Reporter, Second Series)

Counsel

Burlingham, Veeder, Clark & Ilupper, of New York City, for plaintiffs., Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y., and William E. Collins, Sp. Asst, to U. S. Atty. and Dist. Counsel of U. S. Maritime Commission, of New York City, for defendants.

Opinion of the Court

PER CURIAM.

Although it appears clear that the District Court lacks jurisdiction, we deny the motion because (1) the District Judge has not been made a party and (2) this Court lacks jurisdiction under the doctrine of In re Heilbroner, 2 Cir., 69 F.2d 643.

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