# W. E. Hedger Transp. Corp. v. Ira S. Bushey & Sons, Inc.

> Court of Appeals for the Second Circuit · April 30, 1946 · 155 F.2d 321

URL: https://www.frixlaw.com/law-library/cases/9652897

## Case

- **Full name:** W. E. HEDGER TRANSP. CORPORATION Et Al. v. IRA S. BUSHEY & SONS, Inc.
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** April 30, 1946
- **Citations:** 155 F.2d 321; 1946 U.S. App. LEXIS 3209
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** L. Hand, Swan, and Frank, Circuit Judges
- **Cited by:** 19 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/9652897

## Opinion text

On Petition for Rehearing.
PER CURIAM.
The appellants argue that the seizure of their vessels through a putative abuse of process, must have taken place on navigable waters, and that for that reason it was within the jurisdiction of the district court as a tort cognizable in the admiralty. No such argument has been even intimated up to this time, and of course it was not before us when we wrote the opinion. We decline to consider it now, as a basis for reversal. However, if the appellants are so disposed, they may file an independent libel in the district court, alleging such a maritime tort, and it will be understotod that nothing in our opinion shall be taken as supporting, or denying, the jurisdiction of that court over such a suit. Moreover, the district court, if satisfied as to its jurisdiction, will be free to exercise its discretion to hear the evidence in that suit at the same time as the evidence in the foreclosure suit.
In all other respects the petition for rehearing is denied.
Petition denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9652897. Public record. Not legal advice.