Legal Opinion
Cliff, Jr., Inc. v. M. V. Captain Will
Court of Appeals for the Fifth Circuit
Decided April 9, 1976No. 74-3614PublishedCited by 3 opinions
1Opinion
ON PETITION FOR REHEARING
(Opinion 1-23-76, 5 Cir., 1976, 526 F.2d 345)
Before WISDOM and CLARK, Circuit Judges.* PER CURIAM:
The defendant has petitioned for a rehearing on the ground that the Court did not apply the divided damages rule of United States v. Reliable Transfer Co., 1975, 421 U.S. 397, 95 S.Ct. 1708, 44 L.Ed.2d 251. The Reliable Transfer rule is inapplicable. That rule applies only “when two or more parties have contributed by their fault to cause property damage . . . .” 421 U.S. at 411, 95 S.Ct. at 1715, 44 L.Ed.2d at 262. The district court found that the plaintiff’s vessel,…
2Cases cited2 opinions
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- Cliff, Jr., Inc. v. M. V. Captain WillCourt of Appeals for the Fifth Circuit · 1976
3Cited by3 opinions
- Board of Commissioners v. M/V FarmsumCourt of Appeals for the Fifth Circuit · 1978
- Board of Commissioners of the Port of New Orleans v. M/v Farmsum, Her Engines, Etc., in Rem, and N. v. Stoomvaart Maatschaapij "Oostzee", in Personam v. Tug O. H. Ingram, Her Engines, Etc. In Rem, and Ingram Barge Company, a Division of Ingram Corporation, in Personam, Third-PartyCourt of Appeals for the Third Circuit · 1978
- Cliff, Jr., Inc. v. M. v. Captain Will, Plaquemine Oil Sales, Corporation, Clifford Quinn, Sr., Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1976