Legal Opinion
James Boggs v. Dravo Corporation. Appeal of Rosalie B. Peterson, Administratrix of the Estate of James Boggs, Deceased
Court of Appeals for the Third Circuit
Decided March 17, 1976No. 75-1954PublishedCited by 35 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge.
Although the immediate issue confronting us is whether the appeal was taken within time, the underlying issues involve the proper substitution of a party plaintiff and the abatement of a maintenance and cure action upon the death of a disabled seaman. The district court denied the motion for substitution of plaintiff and dismissed the action. We hold that the appeal was timely filed and, addressing the underlying issues, we reverse.
I
Plaintiff James Boggs served as a seaman aboard the motor vessel Freedom owned and operated by the Dravo Corporation…
2Cases cited10 opinions
- United States v. RobinsonSupreme Court of the United States · 1960
- Kernan v. American Dredging Co.Supreme Court of the United States · 1958
- Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969
- Jordine v. WallingCourt of Appeals for the Third Circuit · 1950
- Sonnenblick-Goldman Corp. v. Thomas NowalkCourt of Appeals for the Third Circuit · 1970
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Fariss v. Lynchburg FoundryCourt of Appeals for the Fourth Circuit · 1985
- In Re Baycol Products LitigationCourt of Appeals for the Eighth Circuit · 2010
- Shields, Arnett L. v. Consolidated Rail Corporation v. Bethlehem Steel CorporationCourt of Appeals for the Third Circuit · 1987
- Alan McSurely and Margaret McSurely v. John K. McClellan Thomas Ratliff, Individually and as Sometime Commonwealth Attorney for Pike County KentuckyCourt of Appeals for the D.C. Circuit · 1985
- Lauderdale County School District Ex Rel. Board of Education v. Enterprise Consolidated School District Ex Rel. Board of EducationCourt of Appeals for the Fifth Circuit · 1994
30 more not listed; retrieve them via the Exa API.