Legal Opinion
William F. Calkins, Owner (Pro Hac Vice) of the Fishing Vessel, Lucky One, in an Action for Limitation of Liability v. Sherry-Lee Graham
Court of Appeals for the Ninth Circuit
Decided February 16, 1982No. 80-3155PublishedCited by 13 opinions
1Opinion of the Court
SWEIGERT, District Judge.
Appellant, William F. Calkins (Calkins), appeals from the dismissal of his action to limit his liability for a state judgment to the value of the vessel upon which the cause of action giving rise to the state judgment arose. The district court concluded that Calkins was not the “owner” or “charterer” of the vessel and, therefore, could not use the limitation of liability provisions of 46 U.S.C. §§ 183 and 186.
The vessel in issue, the Lucky One, is a commercial fishing vessel. Pearl A. Calkins (Pearl), Calkins’ mother, held legal title to the Lucky One at all times…
2Cases cited11 opinions
- Ex Parte GreenSupreme Court of the United States · 1932
- Craig v. Continental InsuranceSupreme Court of the United States · 1891
- American Car & Foundry Co. v. BrassertSupreme Court of the United States · 1933
- Admiral Towing Company, a Corporation and Walter B. Martinson v. Theo Woolen and Dorothy E. ConeCourt of Appeals for the Ninth Circuit · 1961
- Flink v. PaladiniSupreme Court of the United States · 1929
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2003
- In Re Complaint for Exoneration From or Limitation of Liability of Shell Oil Co.District Court, E.D. Louisiana · 1991
- In Re American Milling Co.District Court, E.D. Missouri · 2003
- Marine Recreational Opportunities, Inc. v. BermanCourt of Appeals for the Second Circuit · 1994
- McHugh v. Gleneagle Ship Management Co.District Court, S.D. New York · 1991
8 more not listed; retrieve them via the Exa API.