New York Porto Rico S.S. v. United States

Full title: NEW YORK PORTO RICO S.S. CO. et al. v. UNITED STATES et al

Court: Circuit Court of Appeals, Second Circuit

Date published: Jul 3, 1940

116 F.2d 799 (2d Cir. 1940)

Opinion

July 3, 1940.

Action by the New York Porto Rico Steam Ship Company and another against the United States of America and another. Motion to dismiss was denied by the District Court, 32 F. Supp. 538, whereupon defendants applied to the Circuit Court of Appeals for a writ of prohibition.

Writ denied.

See, also, 36 F. Supp. 190.

Burlingham, Veeder, Clark Hupper, of New York City, for plaintiffs.

Harold M. Kennedy, U.S. Atty., of Brooklyn, N.Y., and William E. Collins, Sp. Asst. to U.S. Atty. and Dist. Counsel of U.S. Maritime Commission, of New York City, for defendants.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

PER CURIAM.

Although it appears clear that the District Court lacks jurisdiction, we deny the motion because (1) the District Judge has not been made a party and (2) this Court lacks jurisdiction under the doctrine of In re Heilbroner, 2 Cir., 69 F.2d 643.