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Schoenlank v. Kurz-Moran Shipping Agency

United States District Court for the Southern District of New York
847 F. Supp. 311, 1994 AMC 1656 (1994)

Written by Alex Ruskell, JD

Facts

R.J. Schoenlank (plaintiff) offered his pilotage services to a vessel operated by Kurz-Moran Shipping Agency (Kurz-Moran) (defendant). The vessel operated under two endorsements, or licenses, one for “registry” and one for “coastwise.” Registry operation consisted of sailing for foreign trade and required a state-licensed pilot when sailing in state-controlled waters. Coastwise operation consisted of domestic trade between the states and required a federally licensed pilot. Schoenlank was licensed by the State of New Jersey to pilot certain vessels in the state’s waters. Because Kurz-Moran’s vessel was sailing only without cargo between two states, Kurz-Moran refused Schoenlank’s offer to pilot the vessel in New Jersey waters because the journey was not a registry voyage requiring a state pilot. Schoenlank sued. Kurz-Moran argued that it was not required to engage Schoenlank’s services because the voyage was a voyage without cargo to move the vessel from one American port to another, thus making the voyage more like a coastwise voyage.

Rule of Law

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Issue

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Holding and Reasoning (Haight, J.)

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