FRUITRADE INTERN., INC. v. MALONEY

Civ. No. S 89-2880.

751 F.Supp. 1193 (1990)

FRUITRADE INTERNATIONAL, INC. v. James J. MALONEY, T/A Coastal Transportation Company, et al.

United States District Court, D. Maryland.

On Motion to Alter or Amend December 13, 1990.


Attorney(s) appearing for the Case

James D. Skeen, David W. Skeen, Wright, Constable & Skeen, Baltimore, Md., for plaintiff.

Joseph T. Bambrick, Jr., West Reading, Pa., for defendant Maloney.

Shawn A. Matlock, Umbreit & Matlock, PC, Baltimore, Md., for defendant Hoover.

Robert B. Suder, Suder & Suder, Baltimore, Md. (Rick A. Rude, Falls Church, Va., of counsel), for defendant Van Wyk.


MEMORANDUM OPINION

SMALKIN, District Judge.

This case, filed under the jurisdictional grant found in 28 U.S.C. § 1337, and pursuant to 49 U.S.C. § 11707, is before the Court on the various defendants' claims for summary judgment against the plaintiff.

Turning first to the motion of defendant Hoover, the Court finds that it has no subject-matter jurisdiction over the claim against Hoover. Clearly, Hoover is not a common carrier or freight...

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