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MACKENSWORTH v. AMERICAN TRADING TRANSP. CO.

November 19, 1973

Richard MACKENSWORTH
v.
AMERICAN TRADING TRANSPORTATION CO.


Edward R. Becker, District Judge.


The opinion of the court was delivered by: BECKER

EDWARD R. BECKER, District Judge.

 
The motion now before us
 
has stirred up a terrible fuss.
 
And what is considerably worse,
 
it has spawned some preposterous doggerel verse.
 
The plaintiff, a man of the sea,
 
after paying his lawyer a fee,
 
filed a complaint of several pages
 
to recover statutory wages. *fn1"
 
The pleaded facts remind us of a tale that is endless.
 
A seaman whom for centuries the law has called "friendless"
 
is discharged from the ship before voyage's end
 
and sues for lost wages, his finances to mend.
 
The defendant shipping company's office is based in New York City,
 
and to get right down to the nitty gritty,
 
it has been brought to this Court by long arm service, *fn2"
 
which has made it extremely nervous.
 
Long arm service is a procedural tool
 
founded upon a "doing business" rule.
 
But defendant has no office here, and says it has no mania
 
to do any business in Pennsylvania.
 
Plaintiff found defendant had a ship here in June '72,
 
but defendant says that ship's business is through.
 
Asserting that process is amiss,
 
it has filed a motion to dismiss.
 
Plaintiff's counsel, whose name is Harry Lore,
 
read defendant's brief and found it a bore.
 
Instead of a reply brief, he acted pretty quick
 
and responded with a clever limerick:
 
"Admiralty process is hoary
 
With pleadings that tell a sad story
 
Of Libels in Rem --

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