Legal Opinion
Colonial Press of Miami, Inc. v. The British Motor Vessel Allen's Cay Her Engines, Tackle, Apparel, Equipment, Etc.
Court of Appeals for the Fifth Circuit
Decided April 20, 1960No. 17998PublishedCited by 17 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The only difficulty about this case is how one so simple could have become so snarled up. See Indemnity Ins. Co. v. Browning-Ferris Machinery Co., 5 Cir., 227 F.2d 804, 806. A libel in rem is filed and the vessel seized. Without stipulation for value, costs, or a writ of release from the warrant of seizure, the ship, of foreign registry, sails merrily on her way. A default decree is entered and on a hearing ostensibly to fix the amount, the Judge decides the merits, holds no lien ever arose, and dismisses the libel. A writ of restitution is issued and a marshal’s…
2Cases cited6 opinions
- Point Landing, Inc., Intervenor v. Alabama Dry Dock & Shipbuilding CompanyCourt of Appeals for the Fifth Circuit · 1958
- Tampa Ship Repair and Dry Dock Company, Inc. v. Esso Export CorporationCourt of Appeals for the Fifth Circuit · 1956
- H. W. Findley, Owner v. Henry P. Lanasa, LibelantCourt of Appeals for the Fifth Circuit · 1960
- Atlantic Steamer Supply Company v. the SS TradewindDistrict Court, D. Maryland · 1957
- Indemnity Insurance Company of North America v. Browning-Ferris MacHinery Company, John A. Petty and Joe J. WilsonCourt of Appeals for the Fifth Circuit · 1955
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Equilease Corp. v. M/V SampsonCourt of Appeals for the Fifth Circuit · 1986
- Texas Gulf Sulphur Company v. Blue Stack Towing CompanyCourt of Appeals for the Fifth Circuit · 1963
- Julien Andre Sasportes v. M/v Sol De Copacabana, Her Engines Etc. And Navexport, S.A., Banco De Credito Industrial, S.A., Star-Kist Foods, Inc., a Foreign Corp. v. M/v Sol De Copacabana, Her Engines, Tackle, Boilers Appurtenances, Etc., Banco De Credito Industrial, S.A., Banco De Credito Industrial, S.A. v. M/v Sol De Copacabana, Her Engines, Tackle, Etc. And Navexport, S.A.Court of Appeals for the Fifth Circuit · 1978
- Stern, Hays & Lang, Inc. v. M/v Nili, Her Engines, Tackle and AppurtenancesCourt of Appeals for the Fifth Circuit · 1969
- Payne v. SS Tropic BreezeCourt of Appeals for the First Circuit · 1970
12 more not listed; retrieve them via the Exa API.