District Court, S.D. New York July 20, 1978, 77 CIV. 5064 (Holt Marine Terminal, Inc. v. United States Lines)

Memorandum Opinion and Order.

MOTLEY, District Judge.

This is an action under the court’s diversity jurisdiction, 28 U.S.C. § 1332,

1

2in which a terminal operator sues a carrier for nonpayment of certain charges called “gate charges”. The carrier has moved that this action be dismissed or stayed pending the submission of the issues to the Federal Maritime Commission.