Baker Oil Tools, Inc. v. Delta Steamship Lines, Inc.

Fifth Circuit

Baker Oil Tools, Inc. v. Delta Steamship Lines, Inc.

571 F.2d 978

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 21, 1978

DocketNo. 75-3678

StatusPublished

This text of 571 F.2d 978 (Baker Oil Tools, Inc. v. Delta Steamship Lines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baker Oil Tools, Inc. v. Delta Steamship Lines, Inc., 571 F.2d 978 (5th Cir. 1978).

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Opinion

PER CURIAM:

Upon reconsideration of our November 10, 1977 opinion in this case, reported at 562 F.2d 938 (5th Cir. 1977), the following changes are hereby made to clarify the opinion.

(1) The following phrase shall be added to footnote 3, page 940, after “. . . the carrier’s responsibility to the shipper,”:

“and COGSA, 46 U.S.C. § 1307 (1970),”

(2) Footnote 4, page 940, shall be amended by the addition of the following sentence at the beginning of the footnote:

We make this observation to show that although jurisdiction over this suit is not conferred on the federal courts by the Harter Act, bailments such as the Baker-Delta transaction have long been treated as maritime in nature.

With the above modifications and clarifications, the Petition for Rehearing is DENIED and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12), the Petition for Rehearing En Banc is DENIED.

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