Cactus Pipe & Supply Co. v. M/V Montmartre
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This appeal arises from claims for damage to a cargo of steel tubing shipped aboard the M/V MONTMARTRE in July, 1979. Because we find that in rem jurisdiction was established in one case of this consolidated action, we reverse. We also reverse and remand for a determination of whether the vessel was liable in rem. We affirm the trial court’s finding that appel-lee, vessel owner, was not liable as the carrier of cargo because there was no evidence that the vessel owner authorized issuance of the bills of lading either by actual or apparent authority.
How It All Began
Also in this document: Dissent.
2Cases cited38 opinions
- Continental Grain Co. v. Barge FBL-585Supreme Court of the United States · 1960
- Reed v. the YakaSupreme Court of the United States · 1963
- Jackson v. HayakawaCourt of Appeals for the Ninth Circuit · 1982
- Canadian Aviator, Ltd. v. United StatesSupreme Court of the United States · 1945
- Aetna Business Credit, Inc. v. Universal Decor & Interior Design, Inc., Gary L. Kemp and Sharon L. KempCourt of Appeals for the Fifth Circuit · 1981
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3Cited by68 opinions
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- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
- Leopard Marine & Trading, Ltd. v. Easy St. Ltd.Court of Appeals for the Second Circuit · 2018
- Richard Tredinnick v. Jackson National LifeCourt of Appeals for the Fifth Circuit · 2020
- Dluhos v. Floating and Abandoned Vessel, Known as New YorkCourt of Appeals for the Second Circuit · 1998
63 more not listed; retrieve them via the Exa API.