MADDOCK & MILLER, INC. v. UNITED STATES LINES

No. 221, Docket 29854.

365 F.2d 98 (1966)

MADDOCK & MILLER, INC., Plaintiff-Appellant, v. UNITED STATES LINES, Defendant-Appellee, and Mayer China Company, Fine China Associates, Inc., Bart Miller (formerly known as Herbert W. Mueller), William P. C. Adams, Schmid Bros. Inc., Paul A. Schmid, Shenango China Company, Defendants.

United States Court of Appeals Second Circuit.

Decided March 31, 1966.


Attorney(s) appearing for the Case

W. Harvey Mayer, New York City (Friedlander, Gaines & Ruttenberg, New York City, on the brief), for plaintiff-appellant.

Louis J. Gusmano, New York City (James R. Campbell and Kirlin Campbell & Keating, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and KAUFMAN, Circuit Judges.


LUMBARD, Chief Judge:

Maddock & Miller, Inc., appeals from a dismissal of that portion of its complaint which claimed damages from the United States Lines. The district court's action was based on its belief that primary jurisdiction was vested in the Federal Maritime Commission. Although we agree with the district court that the claims were within the primary jurisdiction of the Commission, we hold that the court should have retained jurisdiction over the action...

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