Legal Opinion
Glynn J. Pelotto v. L & N Towing Company
Court of Appeals for the Fifth Circuit
Decided October 12, 1979No. 79-1098PublishedCited by 119 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
A seaman’s right to maintenance and cure may sometimes require the filing of successive suits, and so it has been said that: “[tjhus the seaman is to keep biting at his cherry.” 1 That principle and several others are at issue in this admiralty suit. The able District Judge granted defendants’ motion for summary judgment, dismissing plaintiff’s action for maintenance and cure. After a climb amongst several branches of admiralty and summary judgment procedure, we conditionally agree with the District Judge’s expression of legal principles as to the claim for cure,…
2Cases cited32 opinions
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
- Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
27 more not listed; retrieve them via the Exa API.
3Cited by119 opinions
- Charles Clauson v. Robert D. SmithCourt of Appeals for the First Circuit · 1987
- Barry Brister and Karen Brister, Cross-Appellees v. A.W.I., Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
- Earl K. Phillips and Carrie Phillips v. The Western Company of North AmericaCourt of Appeals for the Fifth Circuit · 1992
- Johnny C. Colburn, Cross-Appellant v. Bunge Towing, Inc., and M/v Terry K, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1989
- Harry Holmes v. J. Ray McDermott & Company, Inc.Court of Appeals for the Fifth Circuit · 1984
114 more not listed; retrieve them via the Exa API.