Legal Opinion

Miami River Boat Yard, Inc. v. 60' Houseboat, Serial Sc-40-2860-3-62

Court of Appeals for the Fifth Circuit

Decided January 29, 1968No. 24652PublishedCited by 26 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

The Shipyard’s libel against the Houseboat in rem asserting a lien for repairs, materials, and dockage under the Maritime Lien Act, 46 U.S.C.A. § 971 (1958), was dismissed on summary judgment presumably because the craft was not a “vessel” essential to the Court’s jurisdiction. The successful claimant, neither by appearance, brief nor argument, undertakes to support this holding which, apart from genera! considerations, maritime or amphibious, without more, simply founders on the plain words of the statutory definition. “The word ‘vessel’ includes every description…

2Cases cited11 opinions

  1. New Bedford Dry Dock Co. v. PurdySupreme Court of the United States · 1922
  2. Lewyt Corporation v. Health-Mor, Inc.Court of Appeals for the Seventh Circuit · 1950
  3. The ShowboatDistrict Court, D. Massachusetts · 1930
  4. Hercules Co., Inc. v. The Brigadier General Absolom BairdCourt of Appeals for the Third Circuit · 1954
  5. Pleason v. Gulfport Shipbuilding Corp.Court of Appeals for the Fifth Circuit · 1955

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

3Cited by26 opinions

  1. Lozman v. City of Riviera BeachSupreme Court of the United States · 2013
  2. Crimson Yachts v. Betty Lyn II Motor YachtCourt of Appeals for the Eleventh Circuit · 2010
  3. Houston-New Orleans, Inc. v. Page Engineering CompanyDistrict Court, E.D. Louisiana · 1972
  4. McCarthy v. The Bark PekingCourt of Appeals for the Second Circuit · 1983
  5. Board of Com'rs of Orleans v. M/V Belle of OrleansCourt of Appeals for the Eleventh Circuit · 2008

21 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