Legal Opinion

United Fruit Co. v. United States

Court of Appeals for the First Circuit

Decided January 26, 1951No. 4534_1PublishedCited by 17 opinions

1Opinion of the Court

MAGRUDER, Chief Judge.

United Fruit Company, chartered owner of the S.S. Esparta, filed in the court below a libel in admiralty against the United States as bareboat charterer of the said vessel, to recover damages for the alleged failure of the United States to perform certain redelivery obligations. The district court ordered that the libel be dismissed, upon the sole ground that the asserted cause of action was barred by the terms of a release contained in a so-called “Clean Form Redelivery Certificate” executed by an official of United Fruit Company and by the War Shipping Administration…

2Cases cited10 opinions

  1. Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
  2. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  3. Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
  4. Jansson v. Swedish American LineCourt of Appeals for the First Circuit · 1950
  5. Batto v. Westmoreland Realty Co.Appellate Division of the Supreme Court of the State of New York · 1930

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3Cited by17 opinions

  1. Dickinson v. BurnhamCourt of Appeals for the Second Circuit · 1952
  2. Inland Empire Builders, Inc., J. C. Boespflug Construction Co., and McLaughlin Inc. v. The United StatesUnited States Court of Claims · 1970
  3. United States v. Lennox Metal Manufacturing Co.Court of Appeals for the Second Circuit · 1955
  4. Estate of Lazar v. CommissionerUnited States Tax Court · 1972
  5. Colorado National Bank of Denver, a Corporation v. Alfred O. L. BohmCourt of Appeals for the Ninth Circuit · 1961

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