Legal Opinion
Curtis T. Bynum v. Patterson Truck Lines, Inc., Atchafalaya Industries, Inc., U. S. Steel Corporation and Ohio Barge Line, Inc.
Court of Appeals for the Fifth Circuit
Decided September 8, 1981No. 80-3963PublishedCited by 10 opinions
1Opinion of the Court
TATE, Circuit Judge:
The plaintiff Bynum appeals from the dismissal of his suit to recover from non-employer (i. e., third party) defendants for tortious injuries sustained at work on a barge. The sole issue raised by his appeal questions the district court’s denial of a jury trial as sought by him.
Bynum now concedes that federal jurisdiction is based upon the maritime nature of the cause of action, 1 28 U.S.C. § 1333(1). He does not dispute the lack of right to a jury trial in an admiralty or maritime claim, Fed.R.Civ.P. 38(e). However, Bynum contends that, because of the “savings to suitors”…
2Cases cited4 opinions
- Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
- Tyrone Powell v. Offshore Navigation, Inc., Etc.Court of Appeals for the Fifth Circuit · 1981
- Russell v. Atlantic & Gulf StevedoresCourt of Appeals for the Fifth Circuit · 1980
- Diane Russell v. Atlantic & Gulf Stevedores, Diane Russell v. Atlantic & Gulf Stevedores, Inc., Underwriters at Lloyds and Steamship Mutual Underwriting AssociationCourt of Appeals for the Fifth Circuit · 1980
3Cited by10 opinions
- Van Harville v. Johns-Manville Products Corp., Johns-Manville Sales Corp., Third Party-Plaintiffs-Appellants v. Yarway Corporation, Third Party-Defendants-AppelleesCourt of Appeals for the Third Circuit · 1984
- Butler v. Zapata Haynie Corp.Louisiana Court of Appeal · 1994
- James J. Alleman and Shirley Alleman v. Bunge Corporation v. Republic Insurance Co.Court of Appeals for the Fifth Circuit · 1984
- Harville v. Yarway Corp.Court of Appeals for the Eleventh Circuit · 1984
- Young v. Armadores De Cabotaje, SALouisiana Court of Appeal · 1993
5 more not listed; retrieve them via the Exa API.