Legal Opinion

Ferrara v. A. & v. Fishing, Inc.

Court of Appeals for the First Circuit

Decided October 25, 1996No. 96-1217PublishedCited by 45 opinions

1Opinion of the Court

BOWNES, Senior Circuit Judge.

The first appeal in this admiralty case foundered on the final judgment rule, 28 U.S.C. § 1291. That procedural shoal has been cleared and the case now refloats to us as an appeal by plaintiff-appellant James Ferrara from summary judgment for defendant-appellee A. & V. Fishing, Inc. In order to understand the issues before us we must navigate the procedural history of the case.

I

The facts are not in dispute. Plaintiff was the captain of the fishing vessel Josephine Marie. The vessel was on an extended fishing trip during January and early February of 1992. On…

2Cases cited25 opinions

  1. The OsceolaSupreme Court of the United States · 1903
  2. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  3. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
  4. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  5. Farrell v. United StatesSupreme Court of the United States · 1949

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3Cited by45 opinions

  1. Poulis Minott v. SmithCourt of Appeals for the First Circuit · 2004
  2. Eric Wilson v. Maritime Overseas Corporation and Cambridge Tankers, Inc.Court of Appeals for the First Circuit · 1998
  3. James W. Perkins, Judith Lynn Perkins v. American Electric Power Fuel Supply, Inc. Indiana Michigan Power Company, Inc., River Transportation DivisionCourt of Appeals for the Sixth Circuit · 2001
  4. Carr v. PMS Fishing Corp.Court of Appeals for the First Circuit · 1999
  5. Bielunas v. F/V Misty Dawn, Inc.Court of Appeals for the First Circuit · 2010

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