Legal Opinion

Poseidon Schiffahrt, G.M.B.H. v. The M/s Netuno, Her Engines, Tackle, Apparel, Etc.

Court of Appeals for the Fifth Circuit

Decided March 1, 1973No. 72-1636PublishedCited by 19 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge:

On August 27, 1971, the Brazilian owned M/S Netuno collided with the M/V TransMichigan, a German owned vessel, in the waters of Lake Huron. 1 The present action began in late September 1971, when Poseidon Schiffahrt, the corporate owner of the TransMichigan, filed an in rem libel action in the federal district court for the Southern District of Georgia. Although it is undisputed that the district court had jurisdiction of the res, the court declined to exercise its jurisdiction because another suit be tween the same parties, involving the same issues, was pending in…

2Cases cited7 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
  3. The BelgenlandSupreme Court of the United States · 1885
  4. Motor Distributors, Limited v. Olaf Pedersen's Rederi A/s Owner of the Sunny PrinceCourt of Appeals for the Fifth Circuit · 1957
  5. Kloeckner Reederei Und Kohlenhandel, G.M.B.H. v. A/s Hakedal. The Western FarmerCourt of Appeals for the Second Circuit · 1954

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3Cited by19 opinions

  1. Alexander Chiazor v. Transworld Drilling Company, Ltd.Court of Appeals for the Fifth Circuit · 1981
  2. The Belcher Company of Alabama, Inc. v. M/v Maratha Mariner, Her Engines, Tackle, Etc.Court of Appeals for the Fifth Circuit · 1984
  3. American Rice, Inc. v. The Arkansas Rice Growers Cooperative Association, D/B/A Riceland FoodsCourt of Appeals for the Fifth Circuit · 1983
  4. Brinco Mining Ltd. v. Federal InsuranceDistrict Court, District of Columbia · 1982
  5. Perusahaan Umum Listrik Negara Pusat v. M/v Tel Aviv, Etc.Court of Appeals for the Fifth Circuit · 1983

14 more not listed; retrieve them via the Exa API.

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