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Legal Opinion

Cavcar Co. v. M/V Suzdal

Court of Appeals for the Third Circuit

Decided December 19, 1983No. 83-5105PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

This appeal raises the question whether a vessel may be liable in rem for breach of the contract of carriage by the operator of the vessel when the vessel’s owner is not liable in personam for the breach. The district court held that there can be no in rem liability in such circumstances. For the reasons stated below, we reverse.

I

This case has a long and complex factual and procedural history which must be reviewed, at least in summary form, in order to understand the legal issues presented on appéal. In 1975, appellant, Sherkate Sahami…

2Cases cited14 opinions

  1. Crumady v. the Joachim Hendrik FisserSupreme Court of the United States · 1959
  2. Reed v. the YakaSupreme Court of the United States · 1963
  3. The BarnstableSupreme Court of the United States · 1901
  4. The ThamesSupreme Court of the United States · 1872
  5. Demsey & Associates, Inc. v. S.S. Sea StarCourt of Appeals for the Second Circuit · 1972

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3Cited by7 opinions

  1. Cactus Pipe & Supply Co. v. M/V MontmartreCourt of Appeals for the Fifth Circuit · 1985
  2. United States v. Republic Marine, Inc.Court of Appeals for the Seventh Circuit · 1987
  3. Cactus Pipe & Supply Co., Inc., Cross-Appellee v. M/v Montmartre, Her Engines, Tackle, Etc., Orient Leasing Co., Ltd., Cross v. Corinth Pipeworks, S.A., Cross Cross-AppellantCourt of Appeals for the Fifth Circuit · 1985
  4. Porsche Cars North America, Inc. v. Porsche.NetCourt of Appeals for the Fourth Circuit · 2002
  5. Cavcar Company, an Iranian Corporation v. M/v Suzdal, Her Engines, Boilers, Tackle, Etc., in Rem and Black Sea Shipping Company, a Foreign Corporation, in Personam. Marine Transport Service, Inc., a New York Corporation and First Pennsylvania Bank, and Counter-Respondent v. Cavcar Company and Sherkate Sahami Khass Auto Pars, Both Foreign Corporations, & Counter-Claimants v. Thomas J. Holt Holt Hauling & Warehousing Systems, Inc. B.H. Sobelman & Co., Inc. Waterside Ocean Navigation, Inc. Gloucester Shipping Corp. Of Monrovia Holt Marine Terminals, Inc. Holt Motor Express, Inc. World Wide Marine Trading Corporation T & L Leasing, Inc. And Camden Refrigerating & Terminal, Inc., Additional Counter-Respondents v. Mts Agencies, Inc., and Anthony Castelbuono, Individually and as a Former Partner in the Firm of Austrian, Lance & Stewart and Irving B. Stewart, as Partner in the Firm of Austrian, Lance & Stewart and David S. Brown, as Partner in the Firm of Austrian, Lance & Stewart and Patton R. Corrigan, as Partner in the Firm of Austrian, Lance & Stewart and Mark J. Kronman, as Partner in the Firm of Austrian, Lance & Stewart and Julius J. Rosen, as Partner in the Firm of Austrian, Lance & Stewart, Third Party Counterclaim Sherkate Sahami Khass Auto Pars, an Iranian Corporation v. M/v Finn-Amer, Her Engines, Boilers, Tackle, Etc., in Rem and Amer Sea O/y a Foreign Corporation, in PersonamCourt of Appeals for the First Circuit · 1983

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