Legal Opinion
Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee
Court of Appeals for the Fifth Circuit
Decided September 21, 1978No. 78-1624PublishedCited by 4 opinions
1Per curiam
We affirm on the opinion of the district court, 455 F.Supp. 78, with the following additional comments.
The evidence adequately supports the findings that Lee-Roy Towing was a special agent and not a general agent and that it was a real party in interest. We do not understand the court to have held that the presumption of 46 U.S.C. § 971 is irrebuttable; rather it held that the presumption had not been rebutted by appellant’s contention that Lee-Roy was a general agent. There is no merit to the contention that the overall purpose of the Ship Mortgage Act, 46 U.S.C. § 911 et seq., and the…
2Cases cited1 opinion
- Bank of New Orleans & Trust Co. v. Oil Screw Tracy MarieDistrict Court, W.D. Louisiana · 1978
3Cited by4 opinions
- First National Bank of Jefferson Parish v. M/v Lightning Power, Eagle Fleet, Inc., Intervenor-AppellantCourt of Appeals for the First Circuit · 1985
- International Paint Co. v. M/V Mission VikingCourt of Appeals for the Fifth Circuit · 1981
- International Paint Company, Inc. v. M/v Mission Viking, in Rem, and A. Martin Industries, a Louisiana Corp., Manufacturers Hanover Leasing Corp., Intervenor-Appellant, Cross-Appellee v. Alexander Industries, Inc., Intervenors-Appellees, Foods & Services, Inc., Intervenor-Appellee, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
- First National Bank of Jefferson Parish, Cross-Appellee v. M/v Lightning Power, in Rem v. Eagle Fleet, Inc., Intervenor-Appellee, Cross-AppellantCourt of Appeals for the First Circuit · 1988