Ryan v. Pacific Coast Shipping Co.

Ninth Circuit

Ryan v. Pacific Coast Shipping Co.

464 F.2d 1396

Court of Appeals for the Ninth Circuit·Decided June 16, 1972·No. Nos. 24934, 24935·Published

Opinion

ORDER

Following our affirmance 448 F.2d 525, of the district court’s judgment for plaintiff, appellant sought and was granted certiorari by the Supreme Court. The Court, 404 U.S. 1035, 92 S.Ct. 713, 30 L.Ed.2d 727 vacated the judgment and remanded the causes for further consideration, in light of the recent decision of Victory Carriers v. Law, 404 U.S. 202, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971).

Upon due consideration of that decision, we conclude that plaintiff’s claim is not one coming within the maritime jurisdiction of the federal courts, and hence the judgment must be vacated and the action dismissed. The matter is remanded to the district court for such disposition.

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ORDER

Following our affirmance 448 F.2d 525, of the district court’s judgment for plaintiff, appellant sought and was granted certiorari by the Supreme Court. The Court, 404 U.S. 1035, 92 S.Ct. 713, 30 L.Ed.2d 727 vacated the judgment and remanded the causes for further consideration, in light of the recent decision of Victory Carriers v. Law, 404 U.S. 202, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971).

Upon due consideration of that decision, we conclude that plaintiff’s claim is not one coming within the maritime jurisdiction of the federal courts, and hence the judgment must be vacated and the action dismissed. The matter is remanded to the district court for such disposition.

Ryan v. Pacific Coast Shipping Co., 464 F.2d 1396 (9th Cir. 1972).

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