Legal Opinion
Hartford Accident & Indemnity Company v. Costa Lines Cargo Services, Inc., Evergreen Marine Corporation (New York) Ltd., Etc.
Court of Appeals for the Fifth Circuit
Decided May 31, 1990No. 89-3020, 89-3293PublishedCited by 88 opinions
1Opinion of the Court
KING, Circuit Judge:
Hartford Accident and Indemnity Company filed an action in state court which we construe as a Burnside claim under Federal Marine Terminals, Inc. v. Burnside Shipping, Co., Ltd., 394 U.S. 404, 89 S.Ct. 1144, 22 L.Ed.2d 371 (1969). The action was later removed to federal court and summary judgment was granted to the defendants. We conclude that complete diversity exists, that an objection to removal was waived, that the district court properly refused to stay these proceedings, that the district court did not abuse its discretion in denying plaintiff’s motion for voluntary…
2Cases cited30 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
- Jack Fristoe v. Reynolds Metals Co.Court of Appeals for the Ninth Circuit · 1980
- Lillian Washington, Individually and as Administratrix of the Estate of Arsane Washington v. Armstrong World Industries, Inc.Court of Appeals for the Fifth Circuit · 1988
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3Cited by88 opinions
- Edge Petroleum Operating Co. v. GPR Holdings, L.L.C.Court of Appeals for the Fifth Circuit · 2007
- Rodas v. SeidlinCourt of Appeals for the Seventh Circuit · 2011
- Elbaor v. Tripath Imaging, Inc.Court of Appeals for the Fifth Circuit · 2002
- Samaan v. St. Joseph HospitalCourt of Appeals for the First Circuit · 2012
- Korea Exchange Bank, New York Branch v. Trackwise Sales Corp. Moo Sung Ko and Young S. Ko.Court of Appeals for the Third Circuit · 1995
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