Legal Opinion
Eugene Cummings v. Redeeriaktieb Transatlantic
Court of Appeals for the Third Circuit
Decided March 12, 1957No. 12007_1PublishedCited by 18 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
The appellee, Cummings, has petitioned for rehearing following the filing of our opinion on January 23, 1957. Our judgment reversed the trial court which in turn had refused to dismiss the part of a libel based upon a claim of unseaworthiness.
The appellee now suggests, with apologies for raising the question now for the first time, that the court had no jurisdiction. He need not apologize; the jurisdictional point is always open and the court should be alert to it whether counsel notes it or not.
We are constrained to agree that there is no jurisdiction in this case.…
2Cases cited3 opinions
- The MariaCourt of Appeals for the Second Circuit · 1933
- Stark v. Texas Co.Court of Appeals for the Fifth Circuit · 1937
- In re Wills Lines, Inc.Court of Appeals for the Second Circuit · 1955
3Cited by18 opinions
- Kingstate Oil v. M/V Green StarCourt of Appeals for the Third Circuit · 1987
- United States v. New York, New Haven and Hartford Railroad Company, Tri-Continental Financial Corporation, A. C. Allyn and Company, Incorporated, American Transportation Enterprises, Inc., Equitable Securities Corporation, Carl M. Loeb, Rhoades & Co., the Robinson-Humphrey Company, Inc., and John W. Clarke & Co., Helene Glenmore v. John I. AhernCourt of Appeals for the Second Circuit · 1960
- Francis v. Forest Oil Corp.Court of Appeals for the Fifth Circuit · 1986
- St. Louis Shipbuilding & Steel Company v. Petroleum Barge Company, Inc., and R. v. Warner, D/B/A R. v. Warner Transportation CompanyCourt of Appeals for the Eighth Circuit · 1958
- Upper Mississippi Towing Corporation v. Clifford WestCourt of Appeals for the Eighth Circuit · 1964
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