Edward Kennedy v. H & M Landing, Inc.

Plaintiff, a vendor of live bait for sports fishermen, appeals the dismissal of his action for want of federal jurisdiction. We affirm.

Plaintiff sought damages for alleged breaches of and interferences with a written and an alleged oral contract. The written contract was actually a permit from the City of Santa Barbara which authorized plaintiff to provide live bait to the public and to sports-fishing and charter boats in Santa Barbara harbor. Under the alleged oral contract, plaintiff agreed to furnish live bait to the sports-fishing enterprise operated by appellee H & M Landing, Inc. Plaintiff claimed federal jurisdiction on the theory that his bait business involved maritime contracts enforceable in admiralty under 28 U.S.C. § 1333 . He also asserted a civil rights claim under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 (3).

Calling a contract a maritime contract does not make it one. See 7A J. Moore, Federal Practice ¶ .225 (2d ed. 1972). Plaintiff’s contract with the city did not require him to furnish services or supplies to any particular vessel or its crew, but rather permitted him to sell bait to such persons as were willing to buy it for use on vessels or otherwise…