Legal Opinion

Texas Gulf Sulphur Company v. Blue Stack Towing Company

Court of Appeals for the Fifth Circuit

Decided February 7, 1963No. 19832_1PublishedCited by 50 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

This is an appeal by a damage Claimant from a refusal of the District Court to allow the filing, nunc pro tunc, of a claim in a limitation of liability proceeding, 46 U.S.C.A. § 183 et seq., subsequent to the entry by the Court of an order of default as to all persons not filing claims. The Court simultaneously denied the parallel motion to set aside the decree of default. As the Appellant does not satisfy the heavy burden of showing an abuse of discretion, we affirm in principle although we modify the order to ameliorate some of the hardship.

On January 13, 1961,…

2Cases cited16 opinions

  1. Hartford Accident & Indemnity Co. v. Southern Pacific Co.Supreme Court of the United States · 1927
  2. Compania Anonima Venezolana De Navegacion (Venezuelan Line) v. A. J. Perez Export Company, Etc., and Tyler Refrigeration CorporationCourt of Appeals for the Fifth Circuit · 1962
  3. Point Landing, Inc., Intervenor v. Alabama Dry Dock & Shipbuilding CompanyCourt of Appeals for the Fifth Circuit · 1958
  4. British Transport Commission v. United StatesSupreme Court of the United States · 1957
  5. Pershing Auto Rentals, Inc. v. William C. GaffneyCourt of Appeals for the Fifth Circuit · 1960

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

3Cited by50 opinions

  1. Frank W. Cates, Cross-Appellant v. United States of America, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1971
  2. Hector Lopez Sagastume v. Lampsis Navigation Ltd., as Owner of the DrosiaCourt of Appeals for the Second Circuit · 1978
  3. Golnoy Barge Co. v. M/T SHINOUSSACourt of Appeals for the Fifth Circuit · 1993
  4. Walter E. Jappinen v. Canada Steamship Lines, LimitedCourt of Appeals for the Sixth Circuit · 1969
  5. Complaint of Columbia Leasing L.L.C v. MullenDistrict Court, E.D. Virginia · 2013

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

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