American Maritime Cases, Volume 3American Maritime Cases, Incorporated, 1988 |
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Page 1684
... present case due to differences in the contract lan- guage.1 The district court pointed out that the provision in the present case applies to any claim that " arises out of or is incident to perform- ance " of the charter agreement ...
... present case due to differences in the contract lan- guage.1 The district court pointed out that the provision in the present case applies to any claim that " arises out of or is incident to perform- ance " of the charter agreement ...
Page 1685
... present case on the basis of this language difference . The district court also distinguished the provisions in Hobbs and Lanasse by stating that the clauses in those cases did not provide cover- age for damages that were not due to the ...
... present case on the basis of this language difference . The district court also distinguished the provisions in Hobbs and Lanasse by stating that the clauses in those cases did not provide cover- age for damages that were not due to the ...
Page 1940
... present when plaintiff arrived . Two hours later the water was still present and deeper . The crew wholly failed to correct the problem , by wiping it up or putting out planks , until after the accident occurred . Although the temporary ...
... present when plaintiff arrived . Two hours later the water was still present and deeper . The crew wholly failed to correct the problem , by wiping it up or putting out planks , until after the accident occurred . Although the temporary ...
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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