John E. Jumonville v. Baldwin-Lima-Hamilton Corp., 273 F.2d 608 (5th Cir. 1959). · Go Syfert
Search
John E. Jumonville v. Baldwin-Lima-Hamilton Corp., 273 F.2d 608 (5th Cir. 1959). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
John E. JUMONVILLE, Appellant,
v.
BALDWIN-LIMA-HAMILTON CORPORATION, Appellee
17782.
Court of Appeals for the Fifth Circuit.
Dec 30, 1959.
273 F.2d 608
Hilary J. Gaudin, New Orleans, La., Charles Gaudin, Robert Douglas Edwards, Gretna, La., for appellant., Blake West, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for appellee.
Rives, Hutcheson, Cameron.
Published
PER CURIAM.

This appeal is from the order of the District Court entered on April 23, 1959, described in the Notice of Appeal as

“1. Granting the motion of the li-belant for the sale of the dredge J.

E. JUMONVILLE;

“2. Denying the exception of respondent John E. Jumonville to the libel filed herein;
“3. Denying the exception of respondent John E. Jumonville to the Admiralty Court’s jurisdiction.”

Since said order, but without any sale of the vessel, the appellant has paid to the appellee its admitted indebtedness, for which the vessel was ordered sold. Thereby the order insofar as it is described in the Notice of Appeal has become moot. The order did also grant the exception of the libelant-appellee to the cross libel filed by the appellant, in which it sought to recover damages sustained because of the seizure of the vessel. Upon the assumption that it has jurisdiction, this Court is of the opinion that such part of the order should be affirmed. In open Court upon oral argument, the appellee consented that the grant of exception to the cross libel should be modified so as to be without prejudice to any action for damages which may hereafter be brought by the appellant. It is so ordered.

Modified and affirmed.