Eastern States Petroleum Corp. v. Rogers

District of Columbia

Eastern States Petroleum Corp. v. Rogers

177 F. Supp. 944, 1958 U.S. Dist. LEXIS 2967

District Court, District of Columbia·Decided November 25, 1958·No. Civ. No. 1402-58·Published

Opinion

McGARRAGHY, District Judge.

The Court is of the opinion that the cause of action alleged in the complaint is one that falls within the exclusive jurisdiction of the Customs Court under the provisions of Title 28 U.S.C.A. § 1583. Since this Court is wholly without jurisdiction, it is not necessary to convene a three-judge court to pass on that question but action may be taken by a single judge. Jacobs v. Tawes, 4 Cir., 250 F.2d 611.

The defendants’ motion to dismiss will be granted for want of jurisdiction.

Counsel for defendants will submit an appropriate order.

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McGARRAGHY, District Judge.

The Court is of the opinion that the cause of action alleged in the complaint is one that falls within the exclusive jurisdiction of the Customs Court under the provisions of Title 28 U.S.C.A. § 1583. Since this Court is wholly without jurisdiction, it is not necessary to convene a three-judge court to pass on that question but action may be taken by a single judge. Jacobs v. Tawes, 4 Cir., 250 F.2d 611.

The defendants’ motion to dismiss will be granted for want of jurisdiction.

Counsel for defendants will submit an appropriate order.

Eastern States Petroleum Corp. v. Rogers, 177 F. Supp. 944, 1958 U.S. Dist. LEXIS 2967 (D.D.C. 1958).

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Opinion

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