# First Nat. S. S. Co. v. United States Shipping Board Merchant Fleet Corp.

> Court of Appeals for the D.C. Circuit · January 22, 1943 · 135 F.2d 469

URL: https://www.frixlaw.com/law-library/cases/6886684

## Case

- **Full name:** FIRST NAT. S. S. CO. v. UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** January 22, 1943
- **Citations:** 135 F.2d 469; 77 U.S. App. D.C. 124; 1943 U.S. App. LEXIS 4178
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Groner, Miller, Vinson
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6886684

## Opinion text

PER CURIAM.
This is an appeal from an order dismissing appellants’ complaint, filed October 6, 1941, against appellee Fleet Corporation, seeking to recover certain deposits which they allegedly made with the Fleet Corporation, and for other relief.
Appellee has moved to dismiss. It appears that this Court has allowed appellants several extensions of time to file objections to the motion to dismiss. Thus far objections have not been filed, and the time for filing same has expired. The motion to dismiss is based on the ground that § 203 of the Merchant Marine Act of June 29, 1936, 49 Stat. 1985 , 46 U.S.C.A. § 1113 , deprived the Fleet Corporation of the capacity to be sued. We so ruled in United States Shipping Board Merchant Fleet Corporation v. First National S. S. Co., 73 App.D.C. 237 , 119 F.2d 6 . We are therefore of the view that the order of the lower court dismissing the complaint was right and that this appeal should be dismissed.
It is so ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6886684. Public record. Not legal advice.