Legal Opinion
Lucky-Goldstar, Int'l (America) Inc. v. Phibro Energy International, Ltd.
Court of Appeals for the Fifth Circuit
Decided March 25, 1992No. 91-2919PublishedCited by 11 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Phibro Energy International appeals an adverse judgment in a bench trial of a suit for breach of contract for the sale of goods and their transport by sea filed by Lucky-Goldstar International, Ltd. Phibro contends that the district court erred in striking its demand for jury trial, because it had diversity jurisdiction, not maritime jurisdiction. We agree and reverse and remand for further proceedings.
I
LGI agreed to purchase from Phibro approximately 1,000 metric tons of toluene, a petroleum by-product. Phibro agreed to ship the toluene by sea to…
2Cases cited10 opinions
- Alcorn County, Mississippi v. U.S. Interstate Supplies, Inc.Court of Appeals for the Fifth Circuit · 1984
- Laredo Offshore Constructors, Inc. v. Hunt Oil CompanyCourt of Appeals for the Fifth Circuit · 1985
- Compagnie Francaise De Navigation a Vapeur v. BonnasseCourt of Appeals for the Second Circuit · 1927
- Berwind-White Coal Mining Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1943
- Armour & Co. v. Fort Morgan Steamship Co.Supreme Court of the United States · 1926
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- F.W.F., Inc. v. Detroit Diesel Corp.District Court, S.D. Florida · 2007
- Alphamate Commodity GMBH v. CHS EUROPE SACourt of Appeals for the Fifth Circuit · 2010
- Indagro S.A. v. Bauche S.A.District Court, S.D. New York · 2009
- Indemnity Insurance Co. of North America v. Hanjin Shipping Co.District Court, N.D. Illinois · 2002
- Stemcor USA, Inc. v. America Metals Trading, LLPDistrict Court, E.D. Louisiana · 2016
6 more not listed; retrieve them via the Exa API.