Legal Opinion
Jack Neilson, Inc. v. Tug Peggy, Tug Margaret, Tug Carmen
Court of Appeals for the Fifth Circuit
Decided September 22, 1970No. 27823_1PublishedCited by 30 opinions
1Per curiam
Apache Towing, Inc., contracted with Jack Neilson, Inc., to “lease” three vessels from Neilson for sixty months. Apache agreed to “buy” the vessels for a stipulated price at the end of this period. When Apache defaulted during the sixty months and returned the vessels, Neilson, sued in admiralty for damages. Apache moved to dismiss on the ground that the contract was one of purchase, not a charter hire, and that the district court therefore had no admiralty jurisdiction. The Ada, 2 Cir. 1918, 250 F. 194; Grand Banks Fishing Co. v. Styron, S.D.Me. 1953, 114 F.Supp. 1.
Neilson then amended its…
2Cases cited5 opinions
- The AdaCourt of Appeals for the Second Circuit · 1918
- Grand Banks Fishing Co. v. StyronDistrict Court, D. Maine · 1953
- Upper Mississippi Towing Corporation v. Clifford WestCourt of Appeals for the Eighth Circuit · 1964
- Edward J. Miskiewicz, T/a Maryland Marina, George P. Kopack, George Matthews and Lee O. Akers v. Ronald H. Goodman, of Yacht Md 1539 BbCourt of Appeals for the Fourth Circuit · 1965
- Barbara J. Hansen, Admx. v. Trawler Snoopy, Inc.Court of Appeals for the First Circuit · 1967
3Cited by30 opinions
- Kuehne & Nagel (AG & Co.) v. Geosource, Inc.Court of Appeals for the Fifth Circuit · 1989
- Natasha, Inc. v. Evita Marine Charters, Inc.Court of Appeals for the First Circuit · 1985
- Alabama Labor Council, Aflcio, Public Employees Union, Local No. 1279 v. The State of AlabamaCourt of Appeals for the Fifth Circuit · 1972
- Clem Perrin Marine Towing, Inc. v. Panama Canal Co.Court of Appeals for the Fifth Circuit · 1984
- Thypin Steel Co. v. Asoma Corp.Court of Appeals for the Second Circuit · 2000
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