Legal Opinion

The Fidelity & Casualty Company of New York v. C/b Mr. Kim, Its Engines, Etc.

Court of Appeals for the Fifth Circuit

Decided May 14, 1965No. 21263PublishedCited by 33 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge:

If not a new wrinkle, Mike Hooks, Inc. v. Pena, 5 Cir., 1963, 313 F.2d 696, this case presents at least a new ripple on the undulating sea of law dealing with maritime rights growing out of the application of state workmen’s compensation statutes to a worker sustaining a maritime injury. The precise question is whether a compensation insurer, as a Louisiana statutory subrogee, seeking reimbursement from a vessel and its owner as tortious third parties may maintain a libel filed after the expiration of the state prescriptive period in which suit could be filed by…

2Cases cited34 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  3. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  4. Continental Grain Co. v. Barge FBL-585Supreme Court of the United States · 1960
  5. Reed v. the YakaSupreme Court of the United States · 1963

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

3Cited by33 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. John R. Nations v. W. W. Morris and American Motorists Insurance Co.Court of Appeals for the Fifth Circuit · 1973
  3. Gibboney v. WrightCourt of Appeals for the Fifth Circuit · 1975
  4. Norma C. Guillot, Bobbie Lynn Guillot and Norman Andras v. Cenac Towing Company, Inc., as Owner of the Barge Murray MacCourt of Appeals for the Fifth Circuit · 1966
  5. Louis Molnar v. Gulfcoast Transit CompanyCourt of Appeals for the Fifth Circuit · 1967

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

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