Legal Opinion

Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and Equipment

Court of Appeals for the Fifth Circuit

Decided January 31, 1967No. 23182PublishedCited by 87 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

A case simple in setting, small in amount, has become complicated and the subject of much judicial travail— with now more to come — because of two factors. The first is that the Libelant, or more likely his first proctor who since withdrew, became mesmerized by the title “Master” in describing the status of the Libelant seeking a lien for wages. The second is that the Trial Court forgot the lesson so often brought home by us that at this day and time dismissal of a claim — land-based, waterborne, amphibious, equitable, legal, maritime, or an ambiguous, amphibious…

2Cases cited35 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Brunswick Corporation v. Harold VinebergCourt of Appeals for the Fifth Circuit · 1967
  3. Mitchell v. E-Z Way Towers, Inc.Court of Appeals for the Fifth Circuit · 1959
  4. The John G. StevensSupreme Court of the United States · 1898
  5. Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962

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3Cited by87 opinions

  1. Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
  2. Sutton v. DukeSupreme Court of North Carolina · 1970
  3. Quality Foods De Centro America, S.A. And Duroparts De El Salvador, S.A. v. Latin American Agribusiness Development Corporation, S.A.Court of Appeals for the Eleventh Circuit · 1983
  4. Thomas L. Jenkins v. United Gas Corporation and Allan B. CaldwellCourt of Appeals for the Fifth Circuit · 1968
  5. James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank KleinCourt of Appeals for the Fifth Circuit · 1985

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