Legal Opinion

John Emory Simon v. The M/v Hialeah, Her Engines, Tackle, Apparel, Etc.

Court of Appeals for the Fifth Circuit

Decided August 14, 1970No. 867PublishedCited by 1 opinion

1Per curiam

Plaintiff John Emory Simon filed this suit against the M/V HIALEAH under Rule 9(h), Fed.R.Civ.P., seeking damages for personal injuries sustained on or about March 15, 1964, allegedly caused by “the negligence of said vessel and the unseaworthiness of the same.” The vessel filed a motion to dismiss, pleading res judicata and laches. The district court granted the motion, and we affirm.

With regard to the defense of res judicata, the district court found as follows:

“The same causes of action were asserted by this very same Plaintiff in Cause No. A-86,701 styled John Emory Simon vs.…

2Cases cited7 opinions

Continental Grain Co. v. Barge FBL-585Supreme Court of the United States · 1960
Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
Green v. BogueSupreme Court of the United States · 1895
Burns Bros. v. The Central R.R. Of New Jersey, No. 42Court of Appeals for the Second Circuit · 1953
Larsen v. THE M/V TEALDistrict Court, D. Alaska · 1961

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

John Emory Simon v. The M/v Hialeah, Her Engines, Tackle, Apparel, Etc.Court of Appeals for the Fifth Circuit · 1970