Legal Opinion · Dissent
West India Industries, Inc. v. Vance & Sons Amc-Jeep, West India Industries, Inc. v. Tommie Vaughn Motors, Inc.
Court of Appeals for the Fifth Circuit
Decided April 9, 1981No. 80-1504, 80-2162Published
1DissentJohn R. Brown, Circuit Judge
I find myself unable to concur in the Court’s opinion in this case since it flies in the face of the evidence. Contrary to the *1388Court’s position that the freight forwarders were acting without authority and were agents of the ultimate consignee who was also the shipper, I do not believe that this decision turns on strict principles of agency law. Rather, the outcome should be determined by the uncontradicted evidence comprising exhibits which establish that Vance & Sons AMC-Jeep (Vance) and Tommie Vaughn Motors, Inc. (Vaughn) were the shippers, whether they liked it or not, as to their…
2Cases cited6 opinions
- Compania Anonima Venezolana De Navegacion (Venezuelan Line) v. A. J. Perez Export Company, Etc., and Tyler Refrigeration CorporationCourt of Appeals for the Fifth Circuit · 1962
- Bartlett-Collins Co. v. Surinam Navigation Co.Court of Appeals for the Tenth Circuit · 1967
- Sommer Corporation, Cross-Appellant v. Panama Canal Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- The State of Israel, a Sovereign Nation, Plaintiff-Appellant-Cross v. Metropolitan Dade County, Florida, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1970
- Norman G. Jensen, Inc., a Minnesota Corporation v. Federal Maritime CommissionCourt of Appeals for the Eighth Circuit · 1974
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