American Maritime Cases, Volume 3American Maritime Cases, Incorporated, 1988 |
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Page 1809
... issue of material fact as to whether their boat was a " commercial " or " pleasure " vessel . The basis of this claim , the peti tioners contend , is that " [ i ] t may be possible ... to impute a ' commer- cial ' use " to the vessel ...
... issue of material fact as to whether their boat was a " commercial " or " pleasure " vessel . The basis of this claim , the peti tioners contend , is that " [ i ] t may be possible ... to impute a ' commer- cial ' use " to the vessel ...
Page 1812
... issues in the context of cases involving pleasure boats . See Coryell v . Phipps ( The Seminole ) , 317 U.S. 406 , 1943 AMC 18 ( 1943 ) ; Just v . Chambers , 312 U.S. 383 , 1941 AMC 430 ( 1941 ) . While the major issue to be decided in ...
... issues in the context of cases involving pleasure boats . See Coryell v . Phipps ( The Seminole ) , 317 U.S. 406 , 1943 AMC 18 ( 1943 ) ; Just v . Chambers , 312 U.S. 383 , 1941 AMC 430 ( 1941 ) . While the major issue to be decided in ...
Page 1821
... issues , we consider the threshold question of jurisdiction . DISCUSSION I. The Jurisdictional Issue A. Primary Jurisdiction Generally Nedlloyd argues that GE's challenge to its ad valorem rate essentially involves an attack on its ...
... issues , we consider the threshold question of jurisdiction . DISCUSSION I. The Jurisdictional Issue A. Primary Jurisdiction Generally Nedlloyd argues that GE's challenge to its ad valorem rate essentially involves an attack on its ...
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9 Cir aboard accident action admiralty law affirmed agreement alleged apply arbitration argues award barge bill of lading boat breach cargo Carnival Cruise Lines carrier cause cert charter party Chotin Chromospec Circuit claim claimants clause COGSA collision Company concluded contract Corp Court finds Court of Appeals crew damages decision defendant defendant's denied dismissed district court diversity jurisdiction dredging duty Eleventh Amendment employee entitled evidence F.Supp federal court filed forum non conveniens GAC Marine Globomar hull indemnity issue Jones Act jury Lasseigne liability limitation loss Lykes marine insurance maritime law maritime lien ment motion navigation negligence operations owner pipeline plaintiff port Public Vessels Act pursuant reasonable repair rule SDNY Sea-Land seaman seaworthy Ship Mortgage shipowner sovereign immunity statute stevedore Suits in Admiralty summary judgment supra Supreme Court Tenneco Texaco tion tort trial court Underwriters United States District unseaworthiness warranty