Legal Opinion
Ivy v. Security Barge Lines, Inc.
District Court, N.D. Mississippi
Decided November 7, 1980No. GC 75-137-SPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
ORMA R. SMITH, District Judge.
This action was reversed and remanded for a new trial by the Fifth Circuit Court of Appeals. Ivy v. Security Barge Lines, Inc., 585 F.2d 732 (5th Cir. 1978), affirmed, 606 F.2d 524 (5th Cir. 1979) (en banc). In its opinion, the Fifth Circuit held that the plaintiff as the beneficiary of the decedent did not have procedural capacity to sue under the Jones Act, 46 U.S.C. § 688, and therefore, he should amend his complaint so that the claim is asserted by the proper party—the personal representative of the deceased seaman. 585 F.2d at 734-35.1…
2Cases cited17 opinions
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Maryland Casualty Co. v. CushingSupreme Court of the United States · 1954
- Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979
- Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1978
- Vulcan v. Zapata Ugland Drilling, Inc.Court of Appeals for the Fifth Circuit · 1977
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3Cited by5 opinions
- Spray-Rite Service Corporation, an Iowa Corporation v. Monsanto Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
- California Home Brands, Inc. And Pan Pacific Fisheries v. Danny FerreiraCourt of Appeals for the Ninth Circuit · 1989
- Pearson v. Rowan Companies, Inc.District Court, E.D. Louisiana · 1987
- C.H.B. Foods, Inc. v. RebeloDistrict Court, S.D. California · 1987
- Interocean Ships, Inc. v. Samoa GasesHigh Court of American Samoa · 1994