Legal Opinion
Louis Molnar v. Gulfcoast Transit Company
Court of Appeals for the Fifth Circuit
Decided January 19, 1967No. 23174_1PublishedCited by 42 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This case raises again the question of a dismissal of a seaman’s libel because of laches reflected on the face of the libel. Although it is a close case, we conclude that this action was too fast too soon and remand for a determination of laches on the facts, not the mere'pleadings.
The original libel was filed May 18, 1964, seeking recovery for three separate injuries of December 1959, January 1961, and March 1961. The interval between injury and filing time therefore ranged from 3 years, 2 months (from March 1961) to 4 years, 6 months from the first and…
2Cases cited22 opinions
- Gutierrez v. Waterman Steamship Corp.Supreme Court of the United States · 1963
- Gardner v. Panama RailroadSupreme Court of the United States · 1951
- Czaplicki v. the Hoegh SilvercloudSupreme Court of the United States · 1956
- Point Landing, Inc., Intervenor v. Alabama Dry Dock & Shipbuilding CompanyCourt of Appeals for the Fifth Circuit · 1958
- Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and EquipmentCourt of Appeals for the Fifth Circuit · 1967
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973
- 2 Fair empl.prac.cas. 356, 2 Empl. Prac. Dec. P 10,166 Pete Gomez v. Florida State Employment ServiceCourt of Appeals for the Fifth Circuit · 1969
- Watz v. Zapata Off-Shore Co.Court of Appeals for the Fifth Circuit · 1970
- John W. Mecom, Cross-Appellant v. Levingston Shipbuilding Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1980
- Elenore Pred v. Board Of Public Instruction Of Dade County, FloridaCourt of Appeals for the Fifth Circuit · 1969
37 more not listed; retrieve them via the Exa API.