Legal Opinion

Liberty Seafood, Inc. v. Herndon Marine Products, Inc.

Court of Appeals for the Fifth Circuit

Decided November 10, 1994No. 93-07572PublishedCited by 8 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

One of the results of an allision, for which the crews of both vessels were found at fault, was that seamen were injured on one vessel and, therefore, received maintenance and cure; and the sole issue is whether the shipowner/employer who made those payments has a right to reimbursement from the other shipowner for part of those payments, even though the latter settled with the seamen on their damages claims. Herndon Marine Products, Inc., appeals from the Rule 12(b)(6) dismissal of its claim against Liberty Seafood, Inc., for reimbursement of part of…

2Cases cited12 opinions

  1. Dino Cinel v. Harry F. Connick, Individually and as District Attorney for the Parish of Orleans, State of LouisianaCourt of Appeals for the Fifth Circuit · 1994
  2. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  3. Barry Brister and Karen Brister, Cross-Appellees v. A.W.I., Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
  4. Tri-State Oil Tool Industries, Inc. v. Delta Marine Drilling Company, Delta Marine Drilling Company v. Tri-State Oil Tool Industries, Inc.Court of Appeals for the Fifth Circuit · 1969
  5. Beverly P. Davis, Wife Of/and Willie Earl Davis v. Odeco, Inc., Murphy Exploration & Production Company, Originally Sued as Odeco, Inc.Court of Appeals for the Fifth Circuit · 1994

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3Cited by8 opinions

  1. Weeks Marine, Inc. v. Salinas, Texas Court of Appeals, 4th District (San Antonio)2007
  2. Cooper v. Bouchard TransportationLouisiana Court of Appeal · 2013
  3. ATLANTIC SOUNDING COMPANY, INC. v. VickersDistrict Court, S.D. Mississippi · 2011
  4. Royal Insurance Co. of America v. Sphere Drake Underwriting Management, Ltd.Court of Appeals of Texas · 1999
  5. Augusta Barge Company v. Five B's, Inc., Texas Court of Appeals, 1st District (Houston)2014

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