Legal Opinion · Dissent

Aerojet-General Shipyards, Inc., a Corporation, and the Home Indemnity Company, a Corporation v. William M. O'keeffe, Etc.

Court of Appeals for the Fifth Circuit

Decided April 23, 1971No. 29265Published

Tuttle, Circuit Judge, filed a dissenting opinion.

1DissentTuttle, Circuit Judge

(dissenting) :

With deference, I must dissent from the judgment of the court and the opinion that leads to it.

If we were to approach the problem here presented without any intervening legal precedents, coercing us to either position, (which, for reasons I shall state below, I really think is the situation), I would start fresh by looking at the statutes involved. Such a study would lead me to the following rationalization:

We have here what all must concede to be remedial legislation, requiring liberal interpretation for the benefit of the class for whom it was passed, that is to say, the…

2Cases cited6 opinions

  1. Baltimore & Phila. Steamboat Co. v. NortonSupreme Court of the United States · 1932
  2. Simmons v. MarshallCourt of Appeals for the Ninth Circuit · 1938
  3. Luckenbach S. S. Co. v. NortonCourt of Appeals for the Third Circuit · 1939
  4. Stansfield v. Lykes Bros. S. S. Co.Court of Appeals for the Fifth Circuit · 1941
  5. C. K. Case v. C. D. Calbeck, Deputy Commissioner, Eighth Compensation District of the U. S. Department of Labor's Bureau of Employees' CompensationCourt of Appeals for the Fifth Circuit · 1962

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