Legal Opinion

Duluth Superior Excursions, Inc., and Flamingo Excursions, Inc. v. Joseph Makela

Court of Appeals for the Eighth Circuit

Decided May 29, 1980No. 79-2034PublishedCited by 16 opinions

1Opinion of the Court

BRIGHT, Circuit Judge.

Duluth Superior Excursions, Inc. and Flamingo Excursions, Inc. (collectively, Excursions) brought this action in federal court seeking to limit their potential liability to Joseph Makela under the Shipowner’s Limitation of Liability Act, 46 U.S.C. §§ 181-189 (1976). The district court dismissed the action, holding that Excursions had failed to establish federal admiralty jurisdiction under 28 U.S.C § 1333(1) (1976). For the reasons set forth below, we con- elude that this determination was erroneous. Accordingly, we reverse.

I. Background.

On the night of August 12, 1977,…

2Cases cited16 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  3. Gutierrez v. Waterman Steamship Corp.Supreme Court of the United States · 1963
  4. The PlymouthSupreme Court of the United States · 1866
  5. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971

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

3Cited by16 opinions

  1. Jane Doe v. Celebrity Cruises, Inc.Court of Appeals for the Eleventh Circuit · 2004
  2. Sinclair v. Soniform, Inc.Court of Appeals for the Third Circuit · 1991
  3. Jane O. Livingston, Administratrix of the Estate of Haldon C. Livingston, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1980
  4. In the Matter of the Complaint of Everett A. Sisson, as Owner of the Motor Yacht, the Ultorian, for Exoneration From or Limitation of LiabilityCourt of Appeals for the Seventh Circuit · 1989
  5. Thier v. Lykes Bros., Inc.District Court, S.D. Texas · 1995

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

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