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C. BREWER & CO. v. AMERICAN PRESIDENT LINES

37 F.Supp. 230 (1940)

C. BREWER & CO., Limited, et al. v. AMERICAN PRESIDENT LINES, Limited, et al.

District Court, S. D. New York.

December 5, 1940.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (John W. R. Zisgen, of New York City, of counsel), for libellants.

Hardin, Hess & Eder, of New York City (Harold B. Elgar, of New York City, of counsel), for respondent Canadian Pac. Ry. Co.

MANDELBAUM, District Judge.

The respondent Canadian Pacific Railway Company moves to dismiss the libel as against it for lack of jurisdiction. It further urges that the exercise of jurisdiction by this court would be unconstitutional as violating Article 1, § 8, Clause 3 of the Constitution.

After examining the facts as well as the authorities submitted by both sides, the court is inclined to deny the motion as a matter of discretion. The court would...

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