Legal Opinion

Mallard v. Aluminum Co. of Canada

Court of Appeals for the Fifth Circuit

Decided January 15, 1981No. Nos. 79-1095, 79-1847 and 79-1922PublishedCited by 21 opinions

1Opinion of the Court

HENDERSON, Circuit Judge:

These are three consolidated appeals1 arising from injuries sustained by the appellant, longshoreman Obbie Mallard, in a forklift accident while he was discharging cargo on the M/V Germundo in Port Everglades, Florida. Obbie Mallard and his wife Daisy Mallard appeal from an order dismissing the loading stevedore, Aluminum Company of Canada, Ltd. (hereinafter referred to as ALCAN), for lack of personal jurisdiction. They also appeal from an order granting summary judgment in favor of the vessel, its owner, and its charterer. Daisy Mallard appeals the order dismissing…

2Cases cited33 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
  4. American Export Lines, Inc. v. AlvezSupreme Court of the United States · 1980
  5. D/S Ove Skou v. HebertCourt of Appeals for the Fifth Circuit · 1966

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3Cited by21 opinions

  1. Helaire v. Mobil Oil Co.Court of Appeals for the Fifth Circuit · 1983
  2. In the Matter of P & E Boat Rentals, Inc., Cheryl Daphne Fusselman, Etc., Plaintiff-Appellee-Cross-Appellant, and Insurance Company of North America, Intervenor-Appellee v. Ennia General Insurance Company, Incorporated, Defendants-Third Party Defendants-Plaintiffs-Cross-Appellants, and Brigette Stockstill, Etc., Defendant-Third Party Cross-Appellant. Karen Walker Boulas, and Third Party Plaintiffs-Appellees-Cross-Appellants v. David Stoufflet and Prentiss G. Stockstill, and Third Party Defendants-Appellees-Cross-Appellants v. Chevron, Usa, Incorporated, Third Party Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Third Circuit · 1989
  3. Bloom v. AH Pond Co., Inc.District Court, S.D. Florida · 1981
  4. Kopke v. A. Hartrodt S.R.L.Wisconsin Supreme Court · 2001
  5. Obbie Mallard and Daisy Mallard, His Wife v. Aluminum Company of Canada, Ltd., Obbie Mallard, Daisy Mallard, His Wife v. The M/v "Germundo", a Finnish Flag Vessel, Her Engine, Tackle and Appurtenances, Etc. In Rem Rederiaktiebolaget Gustaf Erikson and Consolidated-Bathurst Limited, in Personam, Defendants- Obbie Mallard and Daisy Mallard, His Wife v. The M/v "Germundo," Etc.Court of Appeals for the Fifth Circuit · 1981

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