Vulcan v. Zapata Ugland Drilling, Inc., 553 F.2d 489 (5th Cir. 1977). · Go Syfert
Vulcan v. Zapata Ugland Drilling, Inc., 553 F.2d 489 (5th Cir. 1977). Cases Citing This Book View Copy Cite
89 citation events (5 in the last 25 years) across 22 distinct courts.
Strongest positive: Drinnon Marine, LLC v. Four Rivers Towing of Alabama, LLC (laed, 2021-07-19)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (rule) Drinnon Marine, LLC v. Four Rivers Towing of Alabama, LLC
E.D. La. · 2021 · confidence medium
Reeled Tubing, Inc. v. M/V Chad G, 794 F.2d 1026, 1029 (5th Cir. 1986) (affirming prejudgment interest at federal statutory post-judgment interest rate); Todd Shipyards Corp. v. Auto Transp., S.A., 763 F.2d 745, 753 (5th Cir. 1985) (affirming use of state interest rate compounded daily to account for uncommonly high rate of return during the applicable period); Platoro Ltd., v. Unidentified Remains, 695 F.2d 893 , 907 (5th Cir. 1983) (observing that the particular interest rate lies within the district court's discretion after it evaluates the circumstances of the case); In re M/V Vulcan, 553 …
discussed Cited as authority (rule) Couvillion Group LLC v. Quality First Construction, LLC
E.D. La. · 2021 · confidence medium
Platoro Ltd., Inc. v. Unidentified Remains of a Vessel, Her Cargo, Apparel, Tackle, & Furniture, in a Cause of Salvage, Civil & Mar., 695 F.2d 893, 907 (5th Cir. 1983) (particular rate lies within the district court’s discretion after it evaluates the circumstances of the case); Todd Shipyards Corp. v. Auto Transp., S.A., 763 F.2d 745, 753 (5th Cir. 1985) (affirming use of state interest rate compounded daily to account for uncommonly high rate of return during the applicable period); see also Reeled Tubing, Inc. v. M/V Chad G, 794 F.2d 1026, 1029 (5th Cir. 1986) (affirming prejudgment inter…
discussed Cited as authority (rule) Couvillion Group LLC v. Quality First Construction, LLC
E.D. La. · 2020 · confidence medium
Platoro Ltd., Inc. v. Unidentified Remains of a Vessel, Her Cargo, Apparel, Tackle, & Furniture, in a Cause of Salvage, Civil & Mar., 695 F.2d 893, 907 (5th Cir. 1983) (particular rate lies within the district court’s discretion after it evaluates the circumstances of the case); Todd Shipyards Corp. v. Auto Transp., S.A., 763 F.2d 745, 753 (5th Cir. 1985) (affirming use of state interest rate compounded daily to account for uncommonly high rate of return during the applicable period); see also Reeled Tubing, Inc. v. M/V Chad G, 794 F.2d 1026, 1029 (5th Cir. 1986) (affirming prejudgment inter…
cited Cited as authority (rule) Frommert v. Becker
W.D.N.Y. · 2016 · confidence medium
Tex. Sept. 22, 2016) (“Courts have previously considered cost of borrowing when determining the interest rate”) (citing Complaint of M/V Vulcan, 553 F.2d 489, 491 (5th Cir. 1977)).
discussed Cited as authority (rule) AMERICAN RIVER TRANS. v. Paragon Marine Services
E.D. Mo. · 2002 · confidence medium
General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672 (8th Cir. 1981) (per curiam); Sabine Towing & Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 490-91 (5th Cir.1977). 54.
cited Cited as authority (rule) Anderson v. McAllister Towing & Transportation Co.
S.D. Ala. · 2000 · confidence medium
Nevertheless, “the award of prejudgment interest from the date of loss is the rule rather than the exception.” Complaint of M/V Vulcan, 553 F.2d 489, 490 (5th Cir.1977).
discussed Cited as authority (rule) Narcissus Shipping Corp. v. Armada Reefers, Ltd.
M.D. Fla. · 1997 · confidence medium
Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 490-91 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977) (noting that an award of prejudgment interest is the rule rather than the exception in admiralty cases).
discussed Cited as authority (rule) Pillsbury Co. v. Midland Enterprises, Inc. (2×) also: Cited "see"
E.D. La. · 1989 · confidence medium
See Ryan Walsh, 792 F.2d at 493 ; In re M/V Vulcan, 553 F.2d 489, 490 (5th Cir.) (per curiam), ce rt. denied sub nom.
discussed Cited as authority (rule) Naviera Despina, Inc. v. Cooper Shipping Co., Inc.
S.D. Ala. · 1987 · confidence medium
Sabine Towing & Transportation Co., Inc., v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 490 (5th Cir.1977); Alcoa Steamship Co., Inc. v. Charles Ferran & Co., Inc., 443 F.2d 250, 256 ; 1971 AMC 1116 (5th Cir.1971).
discussed Cited as authority (rule) Alamia v. Chevron Transportation Corp.
S.D. Miss. · 1987 · confidence medium
Under the general maritime law, an award of pre-judgment interest from the date of the loss is the rule—“not as a penalty, but as compensation for the use of funds to which the claimant was rightfully entitled.” Noritake Co., Inc., v. M/V Champion, 627 F.2d 724, 728 (5th Cir.1980); Complaint of M/V Vulcan, 553 F.2d 489, 490 (5th Cir.1977).
cited Cited as authority (rule) Todd Shipyards Corporation, Cross-Appellant v. Auto Transportation, S.A., Intervenor-Appellee v. Turbine Service, Inc., Cross-Appellees
5th Cir. · 1985 · confidence medium
King Fisher Marine Service, Inc. v. NP Sunbonnet, 724 F.2d 1181, 1187 (5th Cir.1984); In re Vulcan, 553 F.2d 489, 490 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
cited Cited as authority (rule) Fisher v. Danos
E.D. La. · 1984 · confidence medium
In re M/V VULCAN, 553 F.2d 489, 491 (5th Cir.1977).
cited Cited as authority (rule) Todd Shipyards Corp. v. Turbine Service, Inc.
E.D. La. · 1984 · confidence medium
In re M/V Vulcan, 553 F.2d at 490; Managua Navigation Co. v. Aktieselskabet Borgestad, 7 F.2d 990, 993 (5th Cir.1925).
discussed Cited as authority (rule) King Fisher Marine Service, Inc. v. The Np Sunbonnet, Her Engines, Etc., and Newpark Marine Services, Inc.
5th Cir. · 1984 · confidence medium
Noritake Co. v. M/V Helenic Champion, 627 F.2d 724, 728 (5th Cir.1980); Socony Mobil Oil Co. v. Texas Coastal & International, Inc., 559 F.2d 1008, 1014 (5th Cir.1977); In re Vulcan, 553 F.2d 489, 490 (5th Cir.), cert. denied 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
cited Cited as authority (rule) United States v. Peavey Barge Line
C.D. Ill. · 1984 · confidence medium
Green Island, 426 F.2d 260 , 265 (5th Cir.1970); Complaint of M/V Vulcan, supra, at 491.
discussed Cited as authority (rule) Lam, Inc. v. Johns-Manville Corporation and Johns-Manville Sales Corporation
Fed. Cir. · 1983 · confidence medium
Discretionary award of prejudgment interest above the statutory rate in admiralty actions include In re M/V Vulcan, 553 F.2d 489, 491 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977) (commercial borrowing rate of 12%); Fisher v. Agios Nicolaos V, 628 F.2d 308 , 319 (5th Cir.1980), cert. denied, 454 U.S. 816 , 102 S.Ct. 92 , 70 L.Ed.2d 84 (1981) (commercial rate of 9%); United States v. Motor Vessel Gopher State, 614 F.2d 1186, 1190 (8th Cir. 1980) (commercial rate of 8%); and Sauers v. Alaska Barge and Transp., Inc., 600 F.2d 238, 248 (9th Cir.1979) (commercial rat…
cited Cited as authority (rule) Todd Shipyards Corp. v. Turbine Service, Inc.
E.D. La. · 1983 · confidence medium
Sabine Towing and Transportation Company, Inc., v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 490 (5th Cir.1977); Managua Navigation Co. v. Aktieselskabet Borgestad, 7 F.2d 990, 993 (5th Cir.1925).
discussed Cited as authority (rule) Ohio River Co. v. Peavey Co.
E.D. Mo. · 1982 · confidence medium
Id.; General Facilities, Inc. v. National Marine Service, Inc., 664 F.2d 672 (8th Cir.1981) (per curiam); Sabine Towing & Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 490-91 (5th Cir.) cert. denied 434 U.S. 55 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
discussed Cited as authority (rule) Signal Oil & Gas Company v. Barge
5th Cir. · 1981 · confidence medium
No one argues that the date from which interest runs was improperly set; all accept this court's statement in Complaint of M/V Vulcan, 553 F.2d 489, 490 (5th Cir. 1977), that "in admiralty cases the award of prejudgment interest from the date of loss is the rule rather than the exception." That some interest was due is likewise fully accepted.
discussed Cited as authority (rule) Signal Oil & Gas Co. v. Barge W-701
5th Cir. · 1981 · confidence medium
No one argues that the date from which interest runs was improperly set; all accept this court’s statement in Complaint of M/V Vulcan, 553 F.2d 489, 490 (5th Cir. 1977), that “in admiralty cases the award of prejudgment interest from the date of loss is the rule rather than the exception.” That some interest was due is likewise fully accepted.
discussed Cited as authority (rule) Barger v. Petroleum Helicopters, Inc.
E.D. Tex. · 1981 · confidence medium
Harrison v. Flota Mercante Grancolombiana, S.A., 577 F.2d 968, 988 (5th Cir. 1978); In re M/V Vulcan, 553 F.2d 489, 490-91 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
discussed Cited as authority (rule) Cargill, Incorporated v. Taylor Towing Service, Inc., a Corporation
8th Cir. · 1981 · confidence medium
United States v. Motor Vessel Gopher State, supra, 614 F.2d at 1190 ; Sabine Towing & Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 491 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977); Sea-Land Service, Inc. v. Eagle Terminal Tankers, Inc., 443 F.Supp. 532, 534 (W.D.Wash.1977).
discussed Cited as authority (rule) Stoddard v. Ling-Temco-Vought, Inc.
C.D. Cal. · 1981 · confidence medium
See, e. g., Sauers v. Alaska Barge and Transport, Inc., 600 F.2d 238, 248 (9th Cir. 1979) (eight percent); Complaint of M/V Vulcan, 553 F.2d 489, 491 (5th Cir. 1977) (per curiam), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977) (12 percent, a rate equivalent to the injured party’s cost of borrowing); Norfolk Shipping and Drydock v. M/y LaBelle Simone, 537 F.2d 1201 (4th Cir. 1976) (12 percent); Federal Barge Lines, Inc. v. Republic Marine, Inc., 472 F.Supp. 371 (E.D.Mo.1979), affd., 616 F.2d 372 (8th Cir. 1980) (ten percent, court looked to prime rate); Sea-Land Service, In…
discussed Cited as authority (rule) Noritake Co., Inc. v. M/v Hellenic Champion
5th Cir. · 1980 · confidence medium
See Harrison v. Flota Mercante Grancolombiana, S.A., 577 F.2d 968, 988 (5th Cir.1978); Sabine Towing & Transportation Co. v. Zapata Ugland Drilling, Inc. (In re M/V Vulcan), 553 F.2d 489, 490-91 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977); Brown v. Aggie & Millie, Inc., 485 F.2d 1293, 1295-96 (5th Cir.1973); Sinclair Refining Co. v. SS Green Island, supra, 426 F.2d at 262 .
discussed Cited as authority (rule) Federal Barge Lines, Inc., a Corporation, and Consolidated Grain & Barge Co., a Corporation v. Republic Marine, Inc., a Corporation
8th Cir. · 1980 · confidence medium
See Socony Mobil Oil Co. v. Texas Coastal & International, Inc., 559 F.2d 1008, 1014 (5th Cir. 1977); Complaint of M/V Vulcan, 553 F.2d 489, 491 (5th Cir. 1977); Norfolk Shipbuilding & Drydock Corp. v. M/Y La Belle Simone, 537 F.2d 1201 , 1204 (4th Cir. 1976); The President Madison, 91 F.2d 835 , 846 (9th Cir. 1937).
discussed Cited as authority (rule) United States v. Motor Vessel Gopher State
8th Cir. · 1980 · confidence medium
Sabine Towing and Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 491 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977) (12 percent); Sea-Land Service, Inc. v. Eagle Terminal Tankers, Inc., 443 F.Supp. 532, 534 (W.D.Wash.1977) (8 percent). 19 We believe the district court should, on remand, award prejudgment interest at a rate more in keeping with the interest rates prevailing at the time repairs were completed and at a rate of not less than 8 percent per annum. 20 Midwest contends that prejudgment interest should not be granted in this case becaus…
discussed Cited as authority (rule) United States v. Motor Vessel Gopher State
8th Cir. · 1980 · confidence medium
Sabine Towing and Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 491 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977) (12 percent); Sea-Land Service, Inc. v. Eagle Terminal Tankers, Inc., 443 F.Supp. 532, 534 (W.D.Wash. 1977) (8 percent).
cited Cited as authority (rule) Jesse Earl McCormack v. Noble Drilling Corporation, Chevron Oil Company, Employers Mutual Liability Insurance Company, Intervenor-Appellee
5th Cir. · 1979 · confidence medium
In re M/V Vulcan, 553 F.2d 489, 490 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
cited Cited "see" Lawrence R. Alberti, Cross-Appellants v. Johnny Klevenhagen, Cross-Appellees
5th Cir. · 1990 · signal: see · confidence high
See In re M/V Vulcan, 553 F.2d 489, 491 (5th Cir.), cert. denied sub nom., Sabine Towing and Transportation Co. v. Zapata Ugland Drilling Inc., 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
discussed Cited "see" Insurance Co. of North America v. M/V FRIO BRAZIL
M.D. Fla. · 1990 · signal: see · confidence high
See Complaint of M/V Vulcan, 553 F.2d 489, 491 (5th Cir.), cert. denied sub nom., 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977); Reeled Tubing, Inc. v. M/V Chad G, 794 F.2d 1026, 1029 (5th Cir.1986).
cited Cited "see" Whitfield v. Lindemann
5th Cir. · 1988 · signal: see · confidence high
See Sabine Towing and Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489, 491 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
cited Cited "see" Whitfield v. Lindemann
5th Cir. · 1988 · signal: see · confidence high
See Sabine Towing and Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489,491 (5th Cir.), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
cited Cited "see" United States v. Central Gulf Lines, Inc.
5th Cir. · 1984 · signal: see · confidence high
See Sabine Towing and Transportation Co. v. Zapata Ugland Drilling, Inc., 553 F.2d 489 (5th Cir.1977), cert. denied, 434 U.S. 855 , 98 S.Ct. 175 , 54 L.Ed.2d 127 (1977).
cited Cited "see" Platoro Ltd. v. the Unidentified Remains of a Vessel
W.D. Tex. · 1981 · signal: see · confidence high
See M/V Vulcan, 553 F.2d 489 (5th Cir. 1977).
cited Cited "see, e.g." Fred Quave v. Progress Marine
5th Cir. · 1990 · signal: see also · confidence low
See also Complaint of M/V Vulcan, 553 F.2d 489 (5th Cir.1977)
cited Cited "see, e.g." Quave v. Progress Marine
5th Cir. · 1990 · signal: see also · confidence low
See also Complaint of M/V Vulcan, 553 F.2d 489 (5th Cir.1977).
Retrieving the full opinion text from the archive…
In the Matter of the Complaint of Sabine Towing & Transportation Co., Inc. As Owner of the M/v Vulcan in a Cause of Exoneration From And/or Limitation of Liability. Sabine Towing and Transportation Company, Inc.
v.
Zapata Ugland Drilling, Inc.
76-1986.
Court of Appeals for the Fifth Circuit.
Jun 6, 1977.
553 F.2d 489
Cited by 50 opinions  |  Published

553 F.2d 489

In the Matter of the Complaint of Sabine Towing &
Transportation Co., Inc. as owner of the M/V
VULCAN in a cause of Exoneration from
and/or Limitation of Liability.
SABINE TOWING AND TRANSPORTATION COMPANY, INC., Plaintiff-Appellant,
v.
ZAPATA UGLAND DRILLING, INC., Defendant-Appellee.

No. 76-1986

Summary Calendar.[*]
United States Court of Appeals,
Fifth Circuit.

June 6, 1977.

W. Garney Griggs, Houston, Tex., for plaintiff-appellant.

Joseph D. Cheavens, Houston, Tex., for defendant-appellee.

Appeal from the United States District Court for the Eastern District of Texas.

Before BROWN, Chief Judge, and RONEY and HILL, Circuit Judges.

PER CURIAM:

[*~489]1

From an admiralty damage award in a ship collision case, appellant challenges the amount of the $289,078.02 judgment. It contends that the district court erred in awarding loss of use damages to the drilling rig damaged in the collision; that damages for towage, repairs and other expenses were not sufficiently proved; that prejudgment interest should not have been awarded; and that the 12% rate for prejudgment interest was excessive and should have been limited to the statutory rate. We affirm.

2

This action arose out of a collision on June 2, 1974 between the M/V Vulcan, a harbor tug owned and operated by appellant Sabine Towing and Transportation Company, and the Zapata Ugland, a large semisubmersible drilling rig owned by Ugland Shipping Co. of Norway and under long-term bareboat charter to Zapata Ugland Drilling Company. The collision occurred in the Port Arthur Channel of Texas. The appealed judgment was entered in an action for exoneration and limitation filed by Sabine. Liability is not challenged, only the damage award.

3

According to the settled law in this Circuit, Zapata was entitled to damages for the loss of the use of the Zapata Ugland during the entire period it was delayed from beginning its drilling contract and the contract rate may be used as a proper evidentiary guide for measuring that loss. Skou v. United States, 526 F.2d 293 (5th Cir. 1976); Delta Marine Drilling Co. v. M/V Baroid Ranger, 454 F.2d 128 (5th Cir. 1972). See generally Black & Gilmore, The Law of Admiralty 526 (2d ed. 1975). See also Continental Oil Co. v. SS Electra, 431 F.2d 391 (5th Cir. 1970), cert. denied, 401 U.S. 937, 91 S.Ct. 925, 28 L.Ed.2d 216 (1971); Agwilines, Inc. v. Eagle Oil & Shipping Co., 153 F.2d 869 (2d Cir. 1946). For this purpose, the district court properly used the rate provided in the amended retroactive contract, the amount Zapata would have been entitled to collect had the rig been operating during the period, less operating costs saved.

4

A review of the record reveals sufficient evidence to support the award for other expenses, including the actual cost of repairs, the charter hire of M/V Baffin Service, and other incidental expenses, all reasonably necessary for repair of the vessel.

5

As to petitioner's contention that prejudgment interest was unwarranted, we note that in admiralty cases the award of prejudgment interest from the date of loss is the rule rather than the exception. Gulf Oil Corp. v. Panama Canal Co., 481 F.2d 561, 570-571 (5th Cir. 1973); Managua Navigation Co. v. Aktieselskabet Borgestad, 7 F.2d 990, 993 (5th Cir. 1925). Discretion to deny interest must be based on the existence of peculiar circumstances, none of which are present in this case. See American Zinc Co. v. Foster, 441 F.2d 1100, 1101 (5th Cir.), cert. denied, 404 U.S. 855, 92 S.Ct. 99, 30 L.Ed.2d 95 (1971); Kawasaki Zosensho v. Cosulich Societa Triestina di Navigazione, 11 F.2d 836, 838 (5th Cir. 1926).

6

The district judge set the rate of interest at 12%, which was Zapata's cost of borrowing money. Although in Geotechnical Corp. v. Pure Oil Co.,214 F.2d 476, 478 (5th Cir. 1954), we noted that a federal court may consider by analogy the law of the state as the proper basis for establishing an interest rate, we expressly stated that the court was not bound by statutory interest rates. Since prejudgment interest is awarded as compensation for the wrong done, Sinclair Refining Co. v. SS Green Island, 426 F.2d 260, 262 (5th Cir. 1970), it was not an abuse of discretion for the district judge to award interest at a rate equivalent to the injured party's cost of borrowing, even though this rate was greater than the prevailing statutory rate.

The judgment of the district court is

[*~490]7

AFFIRMED.

*

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I