Legal Opinion

Voorhies Stelly v. Employers National Insurance Company and Bauer Dredging Company, Inc.

Court of Appeals for the Fifth Circuit

Decided August 25, 1970No. 28847_1PublishedCited by 25 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

2Per curiam

This appeal by Voorhies Stelly against Bauer Dredging Company was scheduled to be argued on June 10, 1970. On May 15, 1970, however, this Court dismissed the appeal for lack of jurisdiction for the reason “that no application for leave to appeal was timely filed within the ten day period allowed by 28 U.S.C. § 1292 (b) from the interlocutory order of the District Court of July 31, 1969”. (Emphasis added.) See Borskey v. American Pad & Textile Co., 5 Cir. 1961, 296 F.2d 894. The district court had quashed service of process on Bauer Dredging Company and had also…

3Cases cited13 opinions

  1. Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
  2. Continental Grain Co. v. Barge FBL-585Supreme Court of the United States · 1960
  3. Rosenberg Bros. & Co. v. Curtis Brown Co.Supreme Court of the United States · 1923
  4. Koehring Company v. Hyde Construction Company, Inc.Court of Appeals for the Fifth Circuit · 1964
  5. Continental Grain Company v. Federal Barge Lines, Inc., and Barge Fbl-585Court of Appeals for the Fifth Circuit · 1959

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4Cited by25 opinions

  1. Miguel Antonio Aparicio v. Swan Lake, Her Engines, Boilers, Tackle, Etc., Third Party v. Panama Canal Company, Third PartyCourt of Appeals for the Third Circuit · 1981
  2. Carefirst of Maryland, Inc. v. Carefirst Urgent Care Center, LLCCourt of Appeals for the Fourth Circuit · 2002
  3. Kimbrough G. Middlebrooks v. William French SmithCourt of Appeals for the Eleventh Circuit · 1984
  4. Percy Leo Dobard v. W.E. Johnson, Warden, Holman Correctional InstitutionCourt of Appeals for the Eleventh Circuit · 1985
  5. Gordon Lee Wilkins v. Don R. Erickson, Warden of the South Dakota State PenitentiaryCourt of Appeals for the Eighth Circuit · 1973

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