Legal Opinion

William P. Brooks Construction Co. v. Guthrie

Court of Appeals for the Fifth Circuit

Decided March 27, 1980No. Nos. 79-2526, 79-3059PublishedCited by 2 opinions

1Per curiam

A question of jurisdiction and one of the right to a jury trial are presented by these appeals. The object of the litigation is a shrimp trawler, the Moon River II. It is undisputed that William P. Brooks Construction Co. (Brooks) was at all relevant times the titleholder of record of the trawler. This litigation began when Brooks brought an action in the District Court to recover possession of the trawler from Guthrie. Brooks invoked the District Court’s admiralty jurisdiction pursuant to F.R.Civ.Proc. 9(h). Guthrie filed a cross-action, asserting rightful possession by virtue of an oral…

2Cases cited2 opinions

  1. Edward J. Romero v. Bethlehem Steel Corporation, Trident Maritime Agency, Ltd.Court of Appeals for the Fifth Circuit · 1975
  2. Gallagher v. Unenrolled Motor Vessel River QueenCourt of Appeals for the Fifth Circuit · 1973

3Cited by2 opinions

  1. Vilma Tablas Cruz v. Hendy International Co., and Mutual Life Insurance Company of New YorkCourt of Appeals for the Fifth Circuit · 1981
  2. William P. Brooks Construction Company, Inc. v. William S. Guthrie, William S. Guthrie v. William P. Brooks Construction Company and William P. Brooks, IndividuallyCourt of Appeals for the Fifth Circuit · 1980

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