Legal Opinion

Federal Commerce & Navigation Co., Ltd. v. Calumet Harbor Terminals, Inc.

Court of Appeals for the Seventh Circuit

Decided September 30, 1976No. 75-1625, 75-1626PublishedCited by 26 opinions

1Opinion of the Court

EAST, District Judge.

In each of the above causes in admiralty (Fed.R.Civ.P. 9(h)) for indemnity, consolidated on appeal, the District Court granted the defendant-appellee (Calumet) summary judgments dismissing the causes as a matter of law. The plaintiff-appellant (Federal) appeals. We reverse and remand.

The District Court predicated its decision of dismissal upon a time bar and a limitation of liability provision in Calumet’s Terminal Tariff No. 3. The single issue on review in each of the causes is:

Did the District Court err as a matter of law in applying and enforcing the time bar and…

2Cases cited19 opinions

  1. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  2. Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
  3. States Steamship Company v. American Smelting & Refining CompanyCourt of Appeals for the Ninth Circuit · 1965
  4. Grace Lines, Inc. v. Central Gulf Steamship CorporationCourt of Appeals for the Fifth Circuit · 1970
  5. Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972

14 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Azalea Fleet, Inc. v. Dreyfus Supply & MacHinery Corp., Consolidated Grain and Barge Co. v. Azalea Fleet, Inc.Court of Appeals for the Eighth Circuit · 1986
  2. Hercules, Inc. v. Stevens Shipping Co.Court of Appeals for the Fifth Circuit · 1983
  3. La Salle MacHine Tool, Inc. v. Maher Terminals, Inc.Court of Appeals for the Fourth Circuit · 1979
  4. Prudential Lines, Inc. v. General Tire International Co.District Court, S.D. New York · 1977
  5. United States ex rel. Valders Stone & Marble, Inc. v. C-Way Construction Co.Court of Appeals for the Seventh Circuit · 1990

21 more not listed; retrieve them via the Exa API.

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