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MARITIME SERVICE v. SWEET BROKERAGE De PUERTO RICO

Nos. 75-1277, 75-1303 and 75-1305.

537 F.2d 560 (1976)

MARITIME SERVICE CORPORATION, Plaintiff, Appellant, v. SWEET BROKERAGE De PUERTO RICO, INC., Defendant, Appellee. MARITIME SERVICE CORPORATION, Plaintiff, Appellant, v. ANDREA SHOE CORP., Defendant, Appellee. MARITIME SERVICE CORPORATION, Plaintiff, Appellant, v. Julio F. ROMAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 25, 1976.

Attorney(s) appearing for the Case

Gilberto Mayo Pagan, Hato Rey, P. R., with whom Cancio, Cuevas & Mayo, Hato Rey, P.R., and Gilberto Mayo Aguayo, Hato Rey, P.R., were on brief for appellants.

Jay A. Garcia Gregory, San Juan, P.R., with whom Eric A. Tulla, O'Neill & Borges, Daniel R. Dominguez, Laffitte & Dominguez, Fiddler, Gonzalez & Rodriguez and Ralph Vallone, Jr., Hato Rey, P.R., were on brief, for appellees and amici curiae.

Before MATTHES, McENTEE and CAMPBELL, Circuit Judges.

CAMPBELL, Circuit Judge.

The question in this case is whether an action for demurrage under a tariff filed pursuant to the Shipping and Intercoastal Shipping Acts, 46 U.S.C. §§ 801 et seq. and 843 et seq., is one that "arises under" those Acts so as to provide federal jurisdiction under 28 U.S.C. § 1337.

Maritime Service Corporation is an agent of various ocean carriers who are required by the Shipping Acts to file tariffs with the Federal Maritime...

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