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HYUNDAI MERCHANT MARINE CO., LTD., POHANG IRON AND STEEL CO., LTD., THE ORIENTAL FIRE and MARINE INSURANCE CO., LTD., THE SHIN DONG-A FIRE and MARINE INSURANCE CO., LTD., DAEHAN FIRE, MARINE INSURANCE CO., LTD., INTERNATIONAL FIRE and MARINE INSURANCE CO., LTD., KORYO FIRE and MARINE INSURANCE CO., LTD., FIRST FIRE and MARINE INSURANCE CO., LTD., HAEDONG FIRE and MARINE INSURANCE CO., LTD., THE ANKUK FIRE and MARINE INSURANCE CO., LTD., HYUNDAI MARINE and FIRE INSURANCE CO., LTD., LUCKY INSURANCE CO., LTD., KOREA AUTOMOBILE FIRE and MARINE INSURANCE CO., LTD., Plaintiffs-Appellants, v. UNITED STATES OF AMERICA, Defendant-Appellee.

JON O. NEWMAN, Chief Judge:

This is an appeal from the June 6, 1995, judgment of the District Court for the Southern District of New York (Peter K. Leisure, Judge), dismissing a tort claim against the United States as barred by 10 U.S.C. §(s) 2798 (1994). Hyundai Merchant Marine Co. v. United States, 888 F. Supp. 543 (S.D.N Y 1995). The appeal presents essentially two issues: (a) whether a suit based on the failure of the Defense Mapping Agency to update a navigational chart is within the scope of section 2798, which provides that "[n]o civil action may be brought against the United States on the basis of the content of a navigational aid prepared or disseminated by the Defense Mapping Agency," and (b) if so, whether the application of section 2798 in this case denies the appellants any constitutional rights.

The District Court answered the first question in the affirmative and the second question in the negative, and therefore dismissed the suit. We affirm on the basis of Judge Leisure's comprehensive and well-reasoned opinion.

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HYUNDAI MERCHANT MARINE CO. v. UNITED STATES
(Jan 26, 1996)