Sao Vicente v. Transportes Maritimos do Estado
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Separate libels in admiralty by the Tietjen & Dang Dry Dock Com-' pany against the steamship Sao Vicente, of which the Transportes' Marítimos do Estado was claimant-, and by Maxwell Rose, doing business as the Battery Operating Company and Whitehall Stevedoring Company against the steamship Murmugao and against the Transportes Marítimos do Estado.
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Appeal from the District Court of the United States for the Southern District of New York. Separate libels in admiralty by the Tietjen & Dang Dry Dock Com-' pany against the steamship Sao Vicente, of which the Transportes' Marítimos do Estado was claimant-, and by Maxwell Rose, doing business as the Battery Operating Company and Whitehall Stevedoring Company against the steamship Murmugao and against the Transportes Marítimos do Estado. Decree for libelant in each case, and claimant or respondent appeals.
1Opinion of the Court
MAYER, Circuit Judge.
The first motion made in this group of cases was a motion on behalf of libelant appellee in the case of the Sao Vicente to dismiss the appeal. This motion was granted, and we filed a brief memorandum reading:
“This motion to dismiss is granted. The sovereign immunity can be waived, and has been waived in this case.”
Thereafter claimant appellant petitioned for a rehearing, the petition was granted, a rehearing was had, and the court adhered to its previous decision. It was agreed between the proctors that all .the cases should follow our decision in the Sao Vicente Case.…
2Cases cited9 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Gunter v. Atlantic Coast Line RailroadSupreme Court of the United States · 1906
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- The PesaroSupreme Court of the United States · 1921
- Porto Rico v. RamosSupreme Court of the United States · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Canadian Overseas Ores Limited, Plaintiff-Appellant-Cross-Appellee v. Compania De Acero Del Pacifico S.A., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1984
- Dexter & Carpenter, Inc. v. Kunglig JarnvagsstyrelsenCourt of Appeals for the Second Circuit · 1930
- The Sao VicenteSupreme Court of the United States · 1922
- Howard v. CookIdaho Supreme Court · 1938
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.District Court, S.D. New York · 1924
6 more not listed; retrieve them via the Exa API.