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HOLT MARINE TERMINAL v. UNITED STATES LINES

No. 77 CIV. 5064.

472 F.Supp. 487 (1978)

HOLT MARINE TERMINAL, INC. and Holt Hauling & Warehousing Systems, Inc., Plaintiffs, v. UNITED STATES LINES, Defendant.

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

July 20, 1978.

Attorney(s) appearing for the Case

Shedd Moraites & Rathe, by Thomas H. Seiler, New York City, for plaintiffs.

Kirlin, Campbell & Keating by William J. O'Brien, Francis X. Nolan, New York City, for defendant.

Memorandum Opinion and Order.

MOTLEY, District Judge.

This is an action under the court's diversity jurisdiction, 28 U.S.C. § 1332,1 in which a terminal operator sues a carrier for nonpayment of certain charges called "gate charges". The carrier has moved that this action be dismissed or stayed pending the submission of the issues to the Federal Maritime Commission. The motion is denied since the court has determined...

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