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SEATRAIN LINES, INC. v. GLORIA MFG. CORP.

Record No. 791401.

279 S.E.2d 166 (1981)

SEATRAIN LINES, INC. v. GLORIA MANUFACTURING CORPORATION

Supreme Court of Virginia.

June 12, 1981.

Attorney(s) appearing for the Case

Anita O. Poston, Vandeventer, Black, Meredith & Martin, Norfolk, on briefs, for appellant.

Marla J. Melman, E. D. David, Jones, Blechman, Woltz & Kelly, P. C., Newport News, on brief, for appellee.

Before CARRICO, C. J., COCHRAN, COMPTON and STEPHENSON, JJ., and HARMAN, Senior Justice.

STEPHENSON, Justice.

Gloria Manufacturing Corporation (Gloria) sued Seatrain Lines, Inc., alleging that Seatrain had misclassified cargo and consequently imposed a higher tariff rate than that sanctioned by the Federal Maritime Commission. The district court awarded Gloria $44.38, and it appealed to the circuit court. Seatrain filed a motion to dismiss for lack of jurisdiction, asserting that the Federal Maritime Commission had primary jurisdiction over the claim...

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