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MURRAY v. SCHWARTZ

No. 246, Docket 21306.

175 F.2d 72 (1949)

MURRAY v. SCHWARTZ et al.

United States Court of Appeals Second Circuit.

May 27, 1949.

Attorney(s) appearing for the Case

Mahar & Mason, New York City (Frank C. Mason and Anthony J. Randolph, New York City, of counsel), for libellant-appellee.

Bernard Tompkins, New York City, for claimants-appellants.

Before L. HAND, Chief Judge, and AUGUSTUS N. HAND and FRANK, Circuit Judges.

FRANK, Circuit Judge.

It is conceded that, in the absence of the state statute on which appellees rely, the federal courts have no jurisdiction in admiralty to enforce this lien. A wharfage contract touching a dead ship is not maritime, and a contract which is not maritime cannot create a lien subject to the jurisdiction of admiralty. The Poznan, 2 Cir., 9 F.2d 838, 842-843; Robinson, Admiralty...

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