Legal Opinion

Strachan Shipping Company v. Tom Melvin and Ponce Cement Corporation

Court of Appeals for the Fifth Circuit

Decided February 3, 1964No. 19753_1PublishedCited by 37 opinions

1Opinion of the Court

GEWIN, Circuit Judge.

Melvin was injured while performing services as a longshoreman on a ship. His employer Strachan, the appellant here, paid him $27,836.92 compensation and other benefits under the Longshoreman’s Compensation Act.1 Melvin then employed an attorney to prosecute his claim against a third party tort feasor. The contract between Melvin and his attorney stated:

“It is hereby understood and agreed that I am to receive sixty (60%) per cent of all damages recovered by way of suit or settlement, and my attorney is to have for his fee the balance derived from said suit or settlement…

2Cases cited5 opinions

  1. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  2. Reed v. the YakaSupreme Court of the United States · 1963
  3. Voris v. Gulf-Tide Stevedores, Inc.Court of Appeals for the Fifth Circuit · 1954
  4. United States v. JacobsDistrict Court, D. Maryland · 1959
  5. Wessinger v. SturkieCourt of Appeals for the Fourth Circuit · 1935

3Cited by37 opinions

  1. L. C. Haynes v. Rederi A/s AladdinCourt of Appeals for the Fifth Circuit · 1966
  2. Stafford v. Westchester Fire Insurance Co. of New York, Inc.Alaska Supreme Court · 1974
  3. John R. Nations v. W. W. Morris and American Motorists Insurance Co.Court of Appeals for the Fifth Circuit · 1973
  4. Cleveland Chouest v. A & P Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1973
  5. The Fidelity & Casualty Company of New York v. C/b Mr. Kim, Its Engines, Etc.Court of Appeals for the Fifth Circuit · 1965

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