Moe v. Eagle Ocean Transp. Co., Civ. A. No. 1151.
Decision Date | 02 June 1950 |
Docket Number | Civ. A. No. 1151. |
Citation | 91 F. Supp. 910 |
Parties | MOE v. EAGLE OCEAN TRANSP. CO. |
Court | U.S. District Court — Southern District of Texas |
Mandell & Wright (Herman Wright), of Houston, Tex., for plaintiff.
Lockhart, Hughes & Watson (Edward W. Watson), of Galveston, Tex., for defendant.
This suit, brought under the Jones Act, Section 688, Title 46 U.S.C.A., in a State Court, has been removed into this Court. Plaintiff moves to remand. Defendant, in a very able brief, insists that under the Judicial Code of September 1, 1948 (Title 28) a suit under the Jones Act may now be removed into this Court. It insists that Gutierrez v. Pacific Tankers, Inc., D.C., 81 F.Supp. 278, was not correctly decided.
With this, I cannot agree. A careful reading of Section 6881 convinces me that even with the change of wording of the old Section 71 of Title 28, U.S.C.A., which defendant points out,2 and notwithstanding the wording of Section 1441 of the Judicial Code,3 suits filed in a State Court under the Jones Act are not removable to a United States District Court. Section 688 confers upon seamen et al. the same rights and all the rights enjoyed by persons suing a railroad, its receivers or trustees, i. e., the right to sue in a State Court, and such suit is not removable.
There is nothing to indicate that the Congress, by changing the wording pointed out, meant to change the well-settled rule with respect to removal from State Courts to the Federal Courts of suits under the Jones Act.
Plaintiff's Motion to Remand is granted. Let proper Order be drawn and presented.
1 Section 688 is as follows (italics mine):
2...
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