Legal Opinion
Empire Stevedoring Co. v. Oceanic Adjusters, Ltd.
District Court, S.D. New York
Decided September 2, 1970No. 69 Civ. 3310PublishedCited by 12 opinions
1Opinion of the Court
OPINION
POLLACK, District Judge.
The parties have cross-moved for summary judgment. These motions present a novel and important question going to the interaction of the Bankruptcy Act with the maritime doctrine of general average. The question here resolved is whether a stevedore hired to aid a stricken ship is entitled to an equitable claim against the contributions made by cargo interests for general average purposes where the shipowner has become bankrupt. The general average adjuster appointed to hold the general average funds has not as yet distributed the funds received. We hold that the…
2Cases cited24 opinions
- Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
- Ralli v. TroopSupreme Court of the United States · 1895
- Aktieselskabet Cuzco v. the SucarsecoSupreme Court of the United States · 1935
- Barnard v. AdamsSupreme Court of the United States · 1851
- Isidore Cherno, Trustee-Appellant v. Dutch American Mercantile Corporation, Creditor-Appellee. In the Matter of Itemlab, Inc., BankruptCourt of Appeals for the Second Circuit · 1965
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In RE: MILLENIUM SEACARRIERS, INC., DEBTOR, UNIVERSAL OIL LTD, LIBERIAN INTERNATIONAL SHIP & CORPORATE REGISTRY, LLC v. ALLFIRST BANK, FORMERLY KNOWN AS FIRST NATIONAL BANK OF MARYLAND, FORMERLY KNOWN AS WAYLAND INVESTMENT FUNDS, LLC, ASPIDA TRAVEL, LTD, ASSURANCE FORENINGEN SKULD (GJENSIDIG)—DEN DAN, BREAKBULK MARINE SERVICES, LTD., CANFORNAV, LTD., THE CREW OF THE DEBTOR'S VESSELL DET NORSKE VERITAS FUEL AND MARINE MARKETING, GULF STATES MARINE, INC, IHI MARINE CO., LTD., KENT TRADE & FINANCE, MARITIME TRANSPORT WORKERS UNION OF RUSSIA, OMNI NAVIGATION, LTD., ORIENT SHIPPING, PACNAV, S.A., PANCOAST TRADING, S.A., TOTAL FINA ELF LUBRIFIANTS, S.A., UNISERVICE MEDITERRA, PRAXIS ENERGY AGENTS S.A., PRAXIS ENERGY AGENTS S.A. v. ALLFIRST BANK, FORMERLY KNOWN AS FIRST NATIONAL BANK OF MARYLAND, FORMERLY KNOWN AS WAYLAND INVESTMENTS FUNDS, LLC, MILLENIUM SEACARRIERS, INC., IVY NAVIGATION, LTD., MILLENIUM II, INC., MILLENIUM IV, INC., MILLENIUM V, INC., MILLENIUM VI, INC., MILLENIUM ALEKSANDER, INC., MILLENIUM AMETHYST, INC., MILLENIUM ASSET INC., MILLENIUM BALTIC, INC., ASPIDA TRAVEL, LTD., ASSURANCE FORENINGEN SKULD (GJENSIDIG)—DEN DAN, BREAKBULK MARINE SERVICES, LTD., CANFORNAV, LTD., THE CREW OF THE DEBTOR'S VESSELL DET NORSKE VERITAS FUEL AND MARINE MARKETING, GULF STATES MARINE, INC, IHI MARINE CO., LTD., KENT TRADE & FINANCE, MARITIME TRANSPORT WORKERS, UNION OF RUSSIA, OMNI NAVIGATION, LTD., ORIENT SHIPPING, PACNAV, S.A., PANCOAST TRADING S.A., TOTAL FINA ELF LUBRIFIANTS, S.A., UNISERVICE MEDITERRACourt of Appeals for the First Circuit · 2005
- Universal Oil Ltd. v. Allfirst BankCourt of Appeals for the Second Circuit · 2005
- Morgan Guaranty Trust Co. v. Hellenic Lines Ltd.District Court, S.D. New York · 1984
- Collomb v. Wyatt (In Re Wyatt)United States Bankruptcy Court, E.D. New York · 1980
- In Re Bruce Farley CorporationCourt of Appeals for the Ninth Circuit · 1980
7 more not listed; retrieve them via the Exa API.