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HAMBURG AMERICAN LINE v. UNITED STATES

52 F.2d 463 (1931)

HAMBURG AMERICAN LINE v. UNITED STATES.

District Court, S. D. New York.

July 16, 1931.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Morton Baum, Asst. U. S. Atty., of New York City, of counsel), for the motion.

John M. Lyons, of New York City (Mark E. Cymrot, of New York City, of counsel), opposed.

WOOLSEY, District Judge.

The motion to dismiss the complaint is granted without leave to amend.

I. The complaint alleges that the Hamburg American Line, the plaintiff, was the agent of the steamship Legie. That leaves uncertain the locus standi of the plaintiff in a suit against the United States; for if, as agent, it paid to or deposited with the collector of customs at Baltimore money of its principal, the owner of the steamship Legie, to secure her clearance...

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