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Canal Steel Works, Inc. v. One Drag Line Dredge

Circuit Court of Appeals, Fifth Circuit
Apr 2, 1931
48 F.2d 212 (5th Cir. 1931)

Summary

holding that a suit in which the res was released was moot

Summary of this case from Cmty. Bank of Lafourche v. Lori Ann Vizier, Inc.

Opinion

No. 6053.

April 2, 1931.

Appeal from the District Court of the United States for the Western District of Louisiana; Benjamin C. Dawkins, Judge.

Libel by the Canal Steel Works, Inc., against One Drag Line Dredge. From a decree dismissing the libel, libelant appeals.

Case dismissed.

Eugene S. Hayford, of New Orleans, La. (Nathan H. Feitel, of New Orleans, La., on the brief), for appellant.

Bernard Titche, Sr., Richard W. Leche, and Bernard Titche, Jr., all of New Orleans, La., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.



Appellant filed a libel in rem against a dredge, asserting a lien for repairs. Admiralty process issued, and the dredge was seized and taken into custody by the marshal. The District Court determined that the dredge was not a vessel engaged in a maritime venture when the debt was incurred, and dismissed the libel for want of jurisdiction in admiralty. The dredge was neither released on bond nor sold, and remained in the custody of the court until the libel was dismissed. Appellant appealed, but did not sue out a supersedeas, and gave bond only for costs. Appellee has filed a motion to dismiss on the ground that the case is moot.

We need not consider the merits. By the failure of appellant to obtain a supersedeas, the seizure was released, and there is now no subject-matter upon which the judgment of this court could operate and give relief to appellant. The case has become moot. Heitmuller v. Stokes, 256 U.S. 359, 41 S. Ct. 522, 65 L. Ed. 990; Brownlow v. Schwartz, 261 U.S. 216, 43 S. Ct. 263, 67 L. Ed. 620; Norwegian Co. v. Tariff Com., 274 U.S. 106, 47 S. Ct. 499, 71 L. Ed. 949; U.S. v. Anchor Coal Co., 279 U.S. 812, 49 S. Ct. 262, 73 L. Ed. 971. Case dismissed; appellant to pay costs.


Summaries of

Canal Steel Works, Inc. v. One Drag Line Dredge

Circuit Court of Appeals, Fifth Circuit
Apr 2, 1931
48 F.2d 212 (5th Cir. 1931)

holding that a suit in which the res was released was moot

Summary of this case from Cmty. Bank of Lafourche v. Lori Ann Vizier, Inc.

In Canal Steel Works v. One Drag Line Dredge, 48 F.2d 212 (5th Cir.), cert. denied, 284 U.S. 647, 52 S.Ct. 29, 76 L.Ed. 550 (1931), an arrested vessel was released after the district court dismissed a claim against it on jurisdictional grounds.

Summary of this case from Alyeska Pipeline Service v. Vessel Bay Ridge
Case details for

Canal Steel Works, Inc. v. One Drag Line Dredge

Case Details

Full title:CANAL STEEL WORKS, Inc., v. ONE DRAG LINE DREDGE

Court:Circuit Court of Appeals, Fifth Circuit

Date published: Apr 2, 1931

Citations

48 F.2d 212 (5th Cir. 1931)

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