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Socony Mobil Oil Company v. S.S. Pacific Tide

United States District Court, S.D. New York
Dec 14, 1960
189 F. Supp. 724 (S.D.N.Y. 1960)

Opinion

December 14, 1960.

John W. Knox, William J. Tillinghast, Jr., New York City, for libelant.

Cadwalader, Wickersham Taft, New York City, for respondent Overseas Investors, Inc.

Healy, Baillie Burke, New York City, for respondent The S.S. Pacific Ranger.

Hill, Betts, Yamaoka, Freehill Longcope, New York City, for respondents World Carriers, Inc., World Tramping Agencies, Inc., Pacific Pioneer Trading Corp., Pegor S.S. Corp. and Compass S.S. Corp.


This motion seeks a summary judgment in an admiralty case. The Sydfold, 2 Cir., 86 F.2d 611, 613, settled for this Circuit the proposition that, in the absence of an Admiralty Rule sanctioning it, there can be no summary judgment in admiralty. This conclusion is reenforced by the decision of the Supreme Court in Miner v. Atlass, 363 U.S. 641, 80 S.Ct. 1300, 4 L.Ed.2d 1462. There the Court, 363 U.S. on pages 644-645, 80 S.Ct. on pages 1302-1303, in reaching the conclusion that deposition practice, other than that expressly provided for by statute, was not permissible in admiralty, supported its conclusion by calling attention to the fact that, in 1939, after the adoption of the Federal Rules of Civil Procedure in 1938, the Admiralty Rules of 1920 had been amended, 307 U.S. 653, 59 S.Ct. cixxii, to adopt certain of the Federal Rules of Civil Procedure dealing with discovery and that the Federal Rules of Civil Procedure relating to deposition practice were not among those adopted. Here, similarly, the Federal Rules of Civil Procedure contained Rule 56 providing for summary judgment but those provisions were not taken over when the Admiralty Rules were amended in 1939 to adopt certain provisions of the Federal Rules of Civil Procedure.

Motion denied.

So ordered.


Summaries of

Socony Mobil Oil Company v. S.S. Pacific Tide

United States District Court, S.D. New York
Dec 14, 1960
189 F. Supp. 724 (S.D.N.Y. 1960)
Case details for

Socony Mobil Oil Company v. S.S. Pacific Tide

Case Details

Full title:SOCONY MOBIL OIL COMPANY, Inc., Libelant, v. THE S.S. PACIFIC TIDE, THE…

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

Date published: Dec 14, 1960

Citations

189 F. Supp. 724 (S.D.N.Y. 1960)

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