In re Certificates of Service & Merchant Mariners' Documents Issued to Soto

S.D. New York

In re Certificates of Service & Merchant Mariners' Documents Issued to Soto

73 F. Supp. 725, 1947 U.S. Dist. LEXIS 2168

CourtDistrict Court, S.D. New York

DecidedApril 9, 1947

StatusPublished

Cited by1 cases

This text of 73 F. Supp. 725 (In re Certificates of Service & Merchant Mariners' Documents Issued to Soto) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Certificates of Service & Merchant Mariners' Documents Issued to Soto, 73 F. Supp. 725, 1947 U.S. Dist. LEXIS 2168 (S.D.N.Y. 1947).

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Opinion

BRIGHT, District Judge.

This motion is denied for lack of jurisdiction. The Commandant, United States Coast Guard, whose office is at Washington, D.C., has not been served, and it is his decision which is sought to be reviewed. Assuming however, that this court has jurisdiction, an examination of the record of the trial and the conclusions there arrived at, as well as the decision upon appeal, confirm-me in my determination that the findings and order there made, later modified, and as modified approved, were borne out and supported by the evidence. There is no finding that is clearly erroneous and no showing of arbitrary or like misconduct. In addition it seems to me that the decision of the Commandant on appeal is final and binding on the parties for all purposes, and there is serious doubt that this court has any authority to interfere with it. See 11 Fed. Register, pg. 13971.

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BRIGHT, District Judge.

This motion is denied for lack of jurisdiction. The Commandant, United States Coast Guard, whose office is at Washington, D.C., has not been served, and it is his decision which is sought to be reviewed. Assuming however, that this court has jurisdiction, an examination of the record of the trial and the conclusions there arrived at, as well as the decision upon appeal, confirm-me in my determination that the findings and order there made, later modified, and as modified approved, were borne out and supported by the evidence. There is no finding that is clearly erroneous and no showing of arbitrary or like misconduct. In addition it seems to me that the decision of the Commandant on appeal is final and binding on the parties for all purposes, and there is serious doubt that this court has any authority to interfere with it. See 11 Fed. Register, pg. 13971.

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73 F. Supp. 725, 1947 U.S. Dist. LEXIS 2168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certificates-of-service-merchant-mariners-documents-issued-to-soto-nysd-1947.

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