Legal Opinion
Complaint of Exxon Shipping Co. v. Cailleteau
Court of Appeals for the Fifth Circuit
Decided April 10, 1989No. 87-3887PublishedCited by 1 opinion
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
Exxon Shipping Company (Exxon) appeals the district court’s dismissal of its Petition for Exoneration From or Limitation of Liability from any and all damage resulting from the explosion of an Exxon barge. The court found the petition to be untimely under 46 U.S.C.App. § 185 because of a prior notice of claim. We find the prior claim directed to a different occurrence, a subsequent collision between the wreckage of the Exxon barge and another barge. The prior claim then began the six-month statutory period for filing a limitation of liability petition as to…
2Cases cited15 opinions
- The " Scotland"Supreme Court of the United States · 1882
- Norwich Co. v. WrightSupreme Court of the United States · 1872
- Walter Douglas Nunley v. M/v Dauntless Colocotronis, United States of America and Combi Lines v. Point Landing, Inc.Court of Appeals for the Fifth Circuit · 1984
- United States v. Nassau Marine Corp., Central Marine Service and Canal Barge CompanyCourt of Appeals for the Fifth Circuit · 1985
- Petition of GoulandrisCourt of Appeals for the Second Circuit · 1944
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3Cited by1 opinion
- Exxon Shipping Company v. CailleteauCourt of Appeals for the Fifth Circuit · 1989