Legal Opinion
California Casualty Indemnity Exchange v. United States
District Court, S.D. California
Decided November 4, 1947No. Civ. Nos. 4850-4853PublishedCited by 5 opinions
1Opinion of the Court
HALL, District Judge.
Respondent Union Oil Company submitted a brief on the question of laches as to the delay in serving process on it. Libel-ant waived both brief and argument.
The Motion to Dismiss as to respondent Union Oil Company is well taken.
Service of process on this respondent is not governed by a specific statute, as is the case with the United States as respondent.
But, courts of admiralty apply the equitable principle of laches. This doctrine is so well settled as to not require citation of authorities. See Benedict on Admiralty, 1940 Ed., Vol. 3, par. 462, p. 290, and cases there…
2Cases cited10 opinions
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Willard v. WoodSupreme Court of the United States · 1896
- McGrath v. Panama R.Court of Appeals for the Fifth Circuit · 1924
- Westfall Larson & Co. v. All-Man-Hubble Tug Boat Co.Court of Appeals for the Ninth Circuit · 1934
- Barger v. Baltimore & OR Co.Court of Appeals for the D.C. Circuit · 1942
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk LinesCourt of Appeals for the Ninth Circuit · 1980
- Howmet Corporation v. Tokyo Shipping Co.District Court, D. Delaware · 1970
- United Nations Relief & Rehabilitation Administration v. the MormacmailDistrict Court, S.D. New York · 1951
- Prol v. Holland-America Line & S. S. StatendamDistrict Court, S.D. New York · 1964
- Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk LinesCourt of Appeals for the Ninth Circuit · 1980