Legal Opinion

Zapata Haynie Corp. v. Francis Arthur, Margaret Hebert Jackson, Etc.

Court of Appeals for the Fifth Circuit

Decided March 21, 1991No. 90-4351PublishedCited by 13 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This case addresses the issue whether 46 U.S.C.App. § 187 deprives a district court of the power to stay a state court proceeding against a ship’s master, pending disposition of a limitation proceeding brought by the ship’s owners. Because we find that 46 U.S.C.App. § 187 does deprive a district court of such power, we AFFIRM.

BACKGROUND

The facts in this case are undisputed. On October 3, 1989, the F/V NORTHUM-BERLAND, owned by Zapata Haynie Corporation (“Zapata”), was engaged in menhaden fishing off the coast of Texas when it collided with an unburied 16-inch natural gas…

2Cases cited6 opinions

  1. Norma C. Guillot, Bobbie Lynn Guillot and Norman Andras v. Cenac Towing Company, Inc., as Owner of the Barge Murray MacCourt of Appeals for the Fifth Circuit · 1966
  2. Walker v. Transportation Co.Supreme Court of the United States · 1866
  3. 17 Collier bankr.cas.2d 324, Bankr. L. Rep. P 71,900, 34 cont.cas.fed. (Cch) 75,346 in Re Exquisito Services, Inc., Debtor. Exquisito Services, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1987
  4. Paradise Holdings, Inc. v. Paradise Holdings, Inc.Court of Appeals for the Ninth Circuit · 1986
  5. In Matter of Brent Towing Co., Inc.District Court, N.D. Florida · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Intervest Corp v. MartinezCourt of Appeals for the Fifth Circuit · 2004
  2. In re the Complaint of Aloha Jetski, LLCDistrict Court, D. Hawaii · 2013
  3. United States v. Rutherford Oil CorporationDistrict Court, S.D. Texas · 2010
  4. In Re the Complaint of J.E. Brenneman Co.District Court, E.D. Pennsylvania · 2003
  5. In Re the Complaint of River City Towing Services, Inc.District Court, E.D. Louisiana · 2002

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API