Legal Opinion
Perez & Compania (Cataluna), S.A., Cross-Appellant v. M/v Mexico I, Etc., and Triton Pacific Maritime Corporation, Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided September 18, 1987No. 86-2784PublishedCited by 30 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
In an in rem action arising out of nonpayment for fuel supplied in Spain and used on a maritime voyage from Spain to the United States, the district court held that Spanish law does not recognize an in rem claim against a vessel and allowed the plaintiff to amend its complaint to state an in personam claim against the vessel owner. Subsequently, the district court granted the defendant’s motion to dismiss the suit on the basis of forum non conveniens, on the condition that a letter of undertaking provided by the vessel owner continue to stand as security for the…
2Cases cited13 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Maria Arlete Vaz Borralho v. Keydril Company, Key International Drilling Company, Ltd. And Key Perfuracoes Maritimas, Ltda.Court of Appeals for the Fifth Circuit · 1983
- Bruce A. Bailey, as Special Administrator for the Estate of Joseph Roman Buenaflor, Deceased v. Dolphin International, Inc.Court of Appeals for the Fifth Circuit · 1983
- The Belcher Company of Alabama, Inc. v. M/v Maratha Mariner, Her Engines, Tackle, Etc.Court of Appeals for the Fifth Circuit · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Access Telecom, Inc. v. MCI Telecommunications Corp.Court of Appeals for the Fifth Circuit · 1999
- DTEX, LLC v. BBVA Bancomer, S.A.Court of Appeals for the Fifth Circuit · 2007
- Crescent Towing & Salvage Co., Inc. v. M/V AnaxCourt of Appeals for the Fifth Circuit · 1994
- Sigifredo Iracheta v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2013
- Foster Wheeler Energy Corp. v. an Ning Jiang MVCourt of Appeals for the Fifth Circuit · 2004
25 more not listed; retrieve them via the Exa API.