Legal Opinion

In Matter of Complaint of Vulcan Materials Co.

District Court, E.D. Virginia

Decided December 17, 2009No. Civil Action 2:08cv377Published

1Opinion of the Court

OPINION AND ORDER

HENRY COKE MORGAN, JR., Senior District Judge.

This suit in admiralty, arising out of the death of Freddie N. Porter, Jr. (“Porter”), comes before the Court following a four-day bench trial on Claimant Cassita Massiah’s (“Massiah”) wrongful death claim against Plaintiff Vulcan Materials Company (“Vulcan”) and on Vulcan’s claim for contribution against the United States. The Court ruled from the bench at the trial’s conclusion. However, the Court reserved for later resolution the issue of whether the United States was properly a party to this action in light of the Feres…

2Cases cited31 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Chappell v. WallaceSupreme Court of the United States · 1983
  3. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  4. Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995
  5. The HarrisburgSupreme Court of the United States · 1886

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