Legal Opinion
Fisherman's Harvest v. Pbs & J (Formerly Known as Espey, Huston & Associates) v. U.S. Army Corps of Engineers
Court of Appeals for the Federal Circuit
Decided June 21, 2007No. 2006-1208PublishedCited by 18 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge NEWMAN.
LINN, Circuit Judge.
This case involves alleged damage to oyster growers due to dredging operations and requires us to interpret the scope of jurisdiction provided by 28 U.S.C. § 1497 and the availability of 28 U.S.C. § 1404(a) for transfers to the United States Court of Federal Claims. The appellants, which we refer to collectively as the oyster growers, appeal from the portion of a judgment by the United States District Court for the Southern District of Texas transferring the oyster growers’…
2Cases cited16 opinions
- United States v. TestanSupreme Court of the United States · 1976
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Clark v. MartinezSupreme Court of the United States · 2005
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3Cited by18 opinions
- Montano Electrical Contractor v. United StatesUnited States Court of Federal Claims · 2014
- Zoltek Corp. v. United StatesUnited States Court of Federal Claims · 2009
- Daniels v. United StatesUnited States Court of Federal Claims · 2007
- Metzinger v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 2021
- Fisherman's Harvest, Inc., C. Joe Nelson, Jr., Doris Mae Nelson, Vanessa Jo Nelson Vallejo, Vickie Jo Nelson Salazar, and Nelson Fisherman's Harvest, Inc., and Childress Seafood, Inc., W.F. Childress, and Alton Lee Kelly v. Pbs & J (Formerly Known as Espey, Huston & Associates, Inc.), and Bertucci Contracting Corporation, and Luhr Brothers, Inc., and Bradley Industrial Textiles, Inc., and Nicolon Corporation (Also Known as Ten Cate Nicolon), and Huston & Associates, Inc., and Weeks Marine, Inc., Defendant/third Party v. United States Army Corps of Engineers, Third PartyCourt of Appeals for the Third Circuit · 2007
13 more not listed; retrieve them via the Exa API.