Legal Opinion

Continental Grain Company v. Federal Barge Lines, Inc., and Barge Fbl-585

Court of Appeals for the Fifth Circuit

Decided June 30, 1959No. 17499PublishedCited by 49 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

May an in rem admiralty proceeding upon application of a willing Claimant be transferred under Section 1404(a), 28 U.S.C.A., to a district in which the original res is not located ?

That is the question presented by this interlocutory appeal, certified by the District Judge and subsequently accepted by us. 28 U.S.C.A. § 1292(b). Preliminary to the main problem we are of the view that the interlocutory appeal statute enacted by adding paragraph (b) to former 28 U.S.C.A. § 1292 applies to an order certified as dispositive in an admiralty cause. 1 The amendment, to be…

2Cases cited13 opinions

  1. The Monrosa v. Carbon Black Export, Inc.Supreme Court of the United States · 1959
  2. Carbon Black Export, Inc. v. The Ss Monrosa, Her Engines, Tackle, Etc., and Navigazione Alta ItaliaCourt of Appeals for the Fifth Circuit · 1958
  3. John F. Blaski v. Honorable Julius J. Hoffman, United States District JudgeCourt of Appeals for the Seventh Circuit · 1958
  4. Ex Parte Chas. Pfizer & Co., Inc.Court of Appeals for the Fifth Circuit · 1955
  5. JK Welding Co. v. Gotham Marine CorporationDistrict Court, S.D. New York · 1931

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

3Cited by49 opinions

  1. Betty K Agencies, Ltd. v. M/V MonadaCourt of Appeals for the Eleventh Circuit · 2005
  2. Continental Grain Co. v. Barge FBL-585Supreme Court of the United States · 1960
  3. Garner v. WolfinbargerCourt of Appeals for the Fifth Circuit · 1970
  4. Treasure Salvors, Inc. v. The Unidentified Wrecked And Abandoned Sailing VesselCourt of Appeals for the Fifth Circuit · 1978
  5. Cactus Pipe & Supply Co. v. M/V MontmartreCourt of Appeals for the Fifth Circuit · 1985

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

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