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DORIS TRADING CORP. v. SS UNION ENTERPRISE

No. 75 Civ. 3952-LFM.

406 F.Supp. 1093 (1976)

DORIS TRADING CORPORATION, Plaintiff, v. The SS UNION ENTERPRISE, her engines, boilers, etc., et al., Defendants.

United States District Court, S. D. New York.

January 23, 1976.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City (James J. Burns, New York City, of counsel), for defendant South Carolina State Ports Authority.

Purrington & McConnell, New York City (John Hay McConnell, New York City, of counsel), for plaintiff.

OPINION

MacMAHON, District Judge.

Defendant, South Carolina State Ports Authority ("Authority"), moves for an order, pursuant to Rule 12(b), Fed.R. Civ.P., dismissing the claim against it in this action on three grounds:

(1) the Authority is immune from suit in this court under the Eleventh Amendment;

(2) the court lacks subject matter jurisdiction; and

(3) service of process was defective.

Plaintiff, Doris Trading Corporation...

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