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AMERICAN GLOBAL LINES, INC. v. UNITED STATES

No. 83 Civ. 7012 (JMC).

645 F.Supp. 783 (1986)

AMERICAN GLOBAL LINES, INC., Plaintiff, v. UNITED STATES of America, Defendant.

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

October 10, 1986.

Attorney(s) appearing for the Case

Kenneth Geller, Hill, Betts & Nash, New York City, for plaintiff.

Janis G. Schulmeisters, Atty. in Charge, Torts Branch, Civil Div., U.S. Dept. of Justice, for defendant.

CANNELLA, District Judge.

Defendant's motion to dismiss the complaint for lack of subject matter jurisdiction is granted. Fed.R.Civ.P. 12(b)(1).

BACKGROUND

On September 24, 1981, James Kleinschmidt, a vessel pilot duly licensed by the United States Coast Guard, was in control of the steamship SS Oceanic Independence ["Independence"]. While approaching Nawiliwili Bay in the Hawaiian Islands, the Independence ran aground and sustained serious structural...

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