Legal Opinion
Aycock v. Lykes Brothers Steamship Co.
District Court, S.D. Texas
Decided July 31, 1964No. Civ. A. 64-H-45PublishedCited by 4 opinions
1Opinion of the Court
HANNAY, District Judge.
This is a civil action for damages for personal injury by a longshoreman against his employer purportedly brought under the Jones Act, Title 46 U.S.C.A. § 688, as well as for tort under Title 28 U.S.C.A. § 1333(1).
Defendant moves to strike plaintiff’s allegations of a cause of action based on the Jones Act. The case is now before this Court on defendant’s Petition for Removal. Federal jurisdiction of the case is supported by diversity of citizenship between the parties: The plaintiff is a citizen of the state of Mississippi; the defendant is a corporation duly…
2Cases cited5 opinions
- Reed v. the YakaSupreme Court of the United States · 1963
- Swanson v. Marra Brothers, Inc.Supreme Court of the United States · 1946
- Tipton v. Socony Mobil Oil Co.Supreme Court of the United States · 1963
- Hertel v. American Export Lines, Inc.District Court, S.D. New York · 1964
- Claude L. Kyles v. James W. Elwell & Co., a Corporation, G. Heyn & Sons, and Interstatecontracting Corporation, a CorporationCourt of Appeals for the Seventh Circuit · 1961
3Cited by4 opinions
- Bernard Harney v. William M. Moore Building Corporation and Lopier Construction CorporationCourt of Appeals for the Second Circuit · 1966
- Orvner D. Biggs v. Norfolk Dredging Company, Samuel J. Clowers v. Tidewater-Raymond-KiewitCourt of Appeals for the Fourth Circuit · 1966
- Bowers v. Kaiser Steel Corp.Alaska Supreme Court · 1967
- Jackson v. Lykes Bros. Steamship Co.Louisiana Court of Appeal · 1966