U.S. Court of Appeals for the Fifth Circuit, 1965

Ford Motor Company v. The S.S. Santa Irene, Her Boilers, Etc.

U.S. Court of Appeals for the Fifth Circuit · Decided February 23, 1965 · Tuttle, Jones, Grooms

341 F.2d 564; 1965 A.M.C. 1272 (Federal Reporter, Second Series)

Counsel

Raymond T. Greene, Linwood Anderson, Gay, Anderson & Greene, Miami, Fla., for appellant., James F. Moseley, Clark W. Toole, Jr., Kurz, Toole, Maness & Martin, Jacksonville, Fla., for appellees.

Cases that cite this one

7 later published cases cite this decision. The 6 that cite it most often are listed here.

Felix Wajnstate v. Oceania Cruises, Inc. (11th Cir. 2012)
Felix Wajnstate v. Oceania Cruises, Inc. (11th Cir. 2012)
Felix Wajnstate v. Oceania Cruises, Inc. (11th Cir. 2012)
Central State Transit & Leasing Corporation v. Jones Boat Yard, Incorporated (11th Cir. 1996)
Central State Transit & Leasing Corp. v. Jones Boat Yard, Inc. (11th Cir. 1996)
Bucher-Guyer AG v. The M/V Incotrans Spirit (5th Cir. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The motion to dismiss the appeal was submitted along with the merits. We do not reach the merits since we are of the opinion that the motion is due to be granted.

A pre-trial order was issued by the court below wherein the court concluded that each of the damaged automobiles was to be considered the “customary freight unit” within the purview of the Carriage of Goods by Sea Act, 46 U.S. C.A. § 1304(5), and damages should not exceed $500.00 per vehicle.

The order appealed from is not reviewable under 28 U.S.C.A. § 1292(a) (3). Albatross Shipping Corporation v. Stewart, 5 Cir., 326 F.2d 208; King v. California Company, 5 Cir., 224 F.2d 193, opinion extended on rehearing, 236 F.2d 413; and Lissner and Company v. Oceanic Steam Navigation Company, 2nd Cir., 30 F.2d 290.

The motion to dismiss is

Granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.