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NEW YORK & PORTO RICO S. S. CO. v. UNITED STATES

Civ. No. 755.

32 F.Supp. 538 (1940)

NEW YORK & PORTO RICO S. S. CO. et al. v. UNITED STATES et al.

District Court, E. D. New York.

April 15, 1940.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Roscoe H. Hupper and Burton H. White, both of New York City, of counsel), for plaintiffs.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y., appearing specially for purposes of motion (William E. Collins, of New York City, Sp. Asst. to U. S. Atty., and Dist. Counsel, United States Maritime Commission, and Ralph H. Hallett, Asst. Counsel, United States Maritime Commission, of Washington, D. C., of counsel), for defendants.

BYERS, District Judge.

Motion to dismiss petition and complaint for declaratory judgment (filed in this court on December 19, 1939) for the asserted reason that the court is without jurisdiction of the subject-matter of the action, as appears from the plaintiffs' pleading. The latter alleges:

That The New York and Porto Rico Steamship Company is a corporation of this state and a common carrier between the port of New York and ports in Puerto Rico and elsewhere...

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