Legal Opinion
Marlin Maxwell v. Hyson Swain
Court of Appeals for the Fifth Circuit
Decided December 16, 1987No. 87-4012PublishedCited by 9 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The district court granted summary judgment for defendant on the ground that plaintiff’s suit was prescribed, holding that a pending state suit in a court of improper venue will toll the running of the federal limitation only if the suit is timely filed and if service of process is obtained within the statutory period, 649 F.Supp. 645 (W.D.La. 1986). We are unpersuaded that insisting on service of process within the limitation period implements the policy behind the limitation period.
I
Marlin Maxwell was injured while a seaman aboard a ship owned and…
2Cases cited15 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Kernan v. American Dredging Co.Supreme Court of the United States · 1958
- Gregory Jordan v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1982
- Prather v. Raymond Const. Co., Inc.District Court, N.D. Georgia · 1983
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3Cited by9 opinions
- Jensen v. SnellingsCourt of Appeals for the Fifth Circuit · 1988
- Virginia Covey v. Arkansas River Company, a CorporationCourt of Appeals for the Fifth Circuit · 1989
- McKinney v. Waterman Steamship Corp.District Court, D. Massachusetts · 1990
- In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2007
- Novak v. National Broadcasting Co.District Court, S.D. New York · 1990
4 more not listed; retrieve them via the Exa API.