HORTON
v.
SKEEN, WARDEN

U.S. | 1953-11-16
No. 109
346 U.S. 889 Supreme Court of the United States (1953) Caution
Cited by 8 cases

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  • Cent. Gulf S.S. Corp. v. Basilio Sambula, 405 F.2d 291 (5th Cir. 1968)
    …ntical factual situations.”4 See Dangovich v. Isthmian Lines, Inc., S.D.N.Y.1963, 218 F.Supp. 235, 236, aff’d 2 Cir., 327 F. 2d 355; Wheeler v. West India S.S. Co., S.D.N.Y.1951, 103 F.Supp. 631, 633, aff’d 2 Cir., 205 F. 2d [*299] 354, cert. den., 346 U.S. 889, 74 S.Ct. 141, 98 L.Ed. 393; cf. Braen v. Pfeifer Oil Transportation Company, 1959, 361 U.S. 129, 80 S.Ct. 247, 4 L.Ed.2d 191. In conclusion, Sambula was “in the service of the ship” when he was injured, and consequently he had a right to receive m…
  • Nilsen v. The City OF Moss Point, 674 F.2d 379 (5th Cir. 1982)
    …pyards, Inc. v. The Vessel Thomas E. Cuffe, E.D.La. 1977, 434 F.Supp. 920. . We are aware of a few cases employing laches terminology in denying leave to amend, Wheeler v. West India S.S. Co., 2 Cir., 205 F. 2d 354 (per curiam), cert. denied, 1953, 346 U.S. 889, 74 S.Ct. 141, 98 L.Ed. 393; Perez v. Chutick & Sudakoff, 1970 S.D.N.Y., 50 F.R.D. 1; Tarbert v. Ingraham Co., D.Conn.1960, 190 F.Supp. 402 (alternative holding). Each of those cases held that the movant was guilty of [*389] laches and therefore wou…
  • …cumstances disclosed by the record, the trial court was clearly within its discretion in denying the motion to amend. Simms v. Andrews, 10 Cir., 1941, 118 F. 2d 803, 807; Wheeler v. West India S.S. Co., 2 Cir., 1953, 205 F. 2d 354, certiorari denied 346 U.S. 889, 74 S.Ct. 141, 98 L.Ed. 393; United States v. City of Brookhaven, 5 Cir., 1943, 134 F. 2d 442, 446 1 The denial of the motion to amend was not prejudicial in any event, however, for the simple reason that the evidence failed to show any breach of d…

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