AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

TENNESSEE VALLEY SAND GRAVEL CO., PLAINTIFF-APPELLANT CROSS-APPELLEE, v. M/V DELTA, HER ENGINES, TACKLE, APPAREL, ETC., IN REM AND HOBART-WORLEY TOWING COMPANY, INC., IN PERSONAM, DEFENDANTS-APPELLEES CROSS-APPELLANTS.

ON PETITION FOR REHEARING [2] (Opinion (5 Cir., 1979), 598 F.2d 930)

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby denied insofar as it seeks reconsideration of the result reached.

However, in reversing the trial court's denial of damages for the expenses incurred in salvaging the barge, it was not the intention of the majority to allow the recovery of the gross amount of expenses; credit should be given for the net proceeds received from sale of the salvaged barge. In order to avoid any misapprehension, the last sentence of the opinion is revised to read as follows:

The trial court's denial of damages for the expenses incurred in salvaging the barge is reversed. The case is remanded for further proceedings consistent with this opinion. In computing the amount of damages due the appellant, the sum received for sale of the barge is to be deducted and the appellant is to be awarded only the net costs incurred.

While Judge Godbold is of the opinion that this clarification is proper, he adheres to his original dissenting opinion, and continues to hold the view that the district court should be affirmed.

Use AI to get other relevant cases.

Comments

TENNESSEE VALLEY SAND GRAVEL CO. v. M/V DELTA
(Oct 5, 1979)