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TULLIS v. FIDELITY AND CASUALTY CO. OF N. Y.

Civ. A. No. 3245.

271 F.Supp. 886 (1967)

James C. TULLIS v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, American Motorists Insurance Company of Chicago, and Wheless Drilling Company.

United States District Court E. D. Louisiana, Baton Rouge Division.

August 29, 1967.

Attorney(s) appearing for the Case

Philip E. Henderson, O'Neal & Waitz, Houma, La., for plaintiff.

Maurice J. Wilson, Breazeale, Sachse & Wilson, Baton Rouge, La., for Fidelity & Casualty Co. of New York and Wheless Drilling Co., defendants.

Francis A. Ledet, Houma, La., for Maryland Casualty Co., intervenor.

WEST, District Judge:

This matter is before the Court on defendants' motion to dismiss for lack of jurisdiction. In his complaint the plaintiff first alleges that this Court has jurisdiction by reason of diversity of citizenship, there being more than $10,000 in controversy, and then plaintiff states:

"The Intracoastal Canal is navigable water and the said crewboat is a vessel within the meaning of the maritime law, and the said injury is to be covered by...

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