Legal Opinion

Itt Rayonier, Inc. And Enka Glanzstoff, A. G. v. Southeastern Maritime Company, Defendant-Third-Party v. Sylvan Shipping Company, Inc., Third-Party

Court of Appeals for the Third Circuit

Decided July 2, 1980No. 79-2895PublishedCited by 19 opinions

1Per curiam

Defendant and third-party plaintiff Southeastern Maritime Co. (SEMCO) appeals from a summary judgment in favor of the third-party defendants, the M/S SYLVO, E. B. Aabys, the owner, and Sylvan Shipping Co. (hereinafter collectively referred to as Sylvan). Holding this ease is not controlled by Grace Lines, Inc. v. Central Gulf Steamship Corp., 416 F.2d 977 (5th Cir. 1969), cert. denied, 398 U.S. 939, 90 S.Ct. 1843, 26 L.Ed.2d 271 (1970), and that the general rule with respect to third-party claims applies, we reverse.

Cargo owned by ITT Rayonier Co. (Rayo-nier) was damaged while enroute from…

2Cases cited8 opinions

  1. Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
  2. The Chicago, Rock Island and Pacific Railway Company, a Corp. v. The United States of AmericaCourt of Appeals for the Seventh Circuit · 1955
  3. United States Lines, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
  4. States Steamship Company v. American Smelting & Refining CompanyCourt of Appeals for the Ninth Circuit · 1965
  5. Stein Hall & Co., Inc., and Swift & Company v. S.S. Concordia Viking, Her Engines, Boilers, Etc., and Skibs A/s Samuel Bakke, and Third-Party v. Pittston Stevedoring Corp., Third-PartyCourt of Appeals for the Second Circuit · 1974

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3Cited by19 opinions

  1. Cooper v. Meridian Yachts, Ltd.Court of Appeals for the Eleventh Circuit · 2009
  2. United States v. OlavarrietaCourt of Appeals for the Eleventh Circuit · 1987
  3. Marathon Pipe Line Company v. Drilling Rig Rowan/odessa, Rowan Companies, Inc., Defendant-Third Party v. Hydrotech, Third Party-Defendants-AppelleesCourt of Appeals for the Third Circuit · 1985
  4. Hercules, Inc. v. Stevens Shipping Co.Court of Appeals for the Fifth Circuit · 1983
  5. Sea-Land Service, Inc. v. United StatesCourt of Appeals for the Third Circuit · 1989

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