Legal Opinion
The Merchants National Bank of Mobile v. The Dredge General G. L. Gillespie, Etc.
Court of Appeals for the Fifth Circuit
Decided December 18, 1981No. 80-3349PublishedCited by 85 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This case presents, for the first time to any U.S. Court of Appeals,*** the issue of the Constitutionality of Admiralty Rules C and E, concerning in rem seizure of a vessel without a preliminary judicial hearing. We find this historical procedure Constitutional and affirm.
*1340 A Tale of Two Plaintiffs
The consolidated cases on appeal before this Court were instituted by two plaintiffs to foreclose preferred ship mortgages. Dravo Leasing Company filed the first complaint in rem against the barge ARLINGTON, pursuant to Rule C of the Supplemental Rules for Certain…
2Cases cited20 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Fuentes v. ShevinSupreme Court of the United States · 1972
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
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3Cited by85 opinions
- Frank E. White v. Arco/polymers, Inc. And Oil, Chemical & Atomic Workers Union, Afl-Cio, Local No. 4-227Court of Appeals for the Fifth Circuit · 1983
- Seguros Banvenez, S.A. v. S/S Oliver DrescherCourt of Appeals for the Second Circuit · 1985
- Polar Shipping Ltd. v. Oriental Shipping Corp.Court of Appeals for the Ninth Circuit · 1982
- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
- Gulf Oil Trading Co. v. M/V Caribe MarCourt of Appeals for the Fifth Circuit · 1985
80 more not listed; retrieve them via the Exa API.