Matter of the Petition of Lake Tankers Corporation for Exoneration From or Limitation of Liability
Court of Appeals for the Second Circuit
Appellee then moved before Judge Weinfeld to vacate the restraining order as to her state court suit, on the theory that, since the total security on behalf of the tug and barge amounted to $283,542.-21 and the claims totalled $259,525, upon the filing of appropriate stipulations in accordance with this Court’s decision in Petition of Texas Co., 213 F.2d 479, the restraint should be lifted.
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Appellee then moved before Judge Weinfeld to vacate the restraining order as to her state court suit, on the theory that, since the total security on behalf of the tug and barge amounted to $283,542.-21 and the claims totalled $259,525, upon the filing of appropriate stipulations in accordance with this Court’s decision in Petition of Texas Co., 213 F.2d 479, the restraint should be lifted. Judge Weinfeld denied that motion, in an opinion reported in D.C., 132 F.Supp. 504, without prejudice to a further application by appellee in the event appropriate stipulations were filed bringing all…
1Opinion of the Court
FRANK, Circuit Judge.
In Petition of Texas Co., 2 Cir., 213 F.2d 479, 482, we stated, as follows, the principles applicable here,'in accordance with our previous decisions: “Absent an insufficient fund (1) the statutory privilege of limiting liability' is not in the nature of a forum, non conveniens doctrine, and (2) the statute gives a ship-owner, sued in several suits (even if in divers places) by divers persons, no advantage over other kinds of defendants in the same position. Concourse is to be granted ‘only when * * necessary in order to distribute an inadequate fund.’1 The ‘purpose of…
2Cases cited8 opinions
- Petition of Moran Transp. Corp. Moran Transp. Corp. v. Mellino's Adm'x. The Moran No. 96Court of Appeals for the Second Circuit · 1950
- Petition of Red Star Barge LineCourt of Appeals for the Second Circuit · 1947
- Curtis Bay Towing Co. v. Tug Kevin Moran, Inc.Court of Appeals for the Second Circuit · 1947
- Petition of Texas Co. The WashingtonCourt of Appeals for the Second Circuit · 1954
- The AquitaniaCourt of Appeals for the Second Circuit · 1927
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lake Tankers Corp. v. HennSupreme Court of the United States · 1957
- Pershing Auto Rentals, Inc. v. William C. GaffneyCourt of Appeals for the Fifth Circuit · 1960
- Chinese Maritime Trust, Ltd. v. Panama Canal CompanyCourt of Appeals for the Second Circuit · 1973
- In Re Chinese Maritime Trust, Ltd.District Court, S.D. New York · 1972
- In re Lake Tankers Corp.Court of Appeals for the Second Circuit · 1956
7 more not listed; retrieve them via the Exa API.