Ellis Diesel Sales & Service, Inc. v. M/v on Strike

Fifth Circuit

Ellis Diesel Sales & Service, Inc. v. M/v on Strike

488 F.2d 1095, 1973 U.S. App. LEXIS 6441

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 17, 1973

Docket73-2844

StatusPublished

Cited by3 cases

This text of 488 F.2d 1095 (Ellis Diesel Sales & Service, Inc. v. M/v on Strike) 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.

Bluebook

Ellis Diesel Sales & Service, Inc. v. M/v on Strike, 488 F.2d 1095, 1973 U.S. App. LEXIS 6441 (5th Cir. 1973).

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Opinion

PER CURIAM:

This in rem action was brought by plaintiff, Ellis Diesel Sales & Service, Inc., seeking to enforce a claim for labor and materials, and for attorney fees, against the M/V “ON STRIKE.” Defendant filed a counterclaim alleging damages negligently caused to the vessel. The District Court, sitting without a jury, tried the case and entered a final judgment in favor of plaintiff, including an award of attorney fees, and allowed defendant a setoff on its counterclaim. Defendant appeals.

The record discloses that the district judge failed to enter findings of fact and conclusions of law as required by Fed.R.Civ.P. 52(a). We therefore vacate the judgment of the District Court and remand the case for appropriate findings and conclusions. Anderson v. United States, 5 Cir., 1969, 413 F.2d 1045; Mladinich v. United States, 5 Cir., 1967, 371 F.2d 940; Oil & Gas Income, Inc. v. Woods Exploration & Producing Co., 5 Cir., 1966, 362 F.2d 309; Employers’ Liability Assur. Corp. v. Weeden, 5 Cir., 1960, 274 F.2d 809; Victory Towing Co., Inc. v. Bordelon, 5 Cir., 1955, 219 F.2d 540.

Vacated and remanded.

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PER CURIAM:

This in rem action was brought by plaintiff, Ellis Diesel Sales & Service, Inc., seeking to enforce a claim for labor and materials, and for attorney fees, against the M/V “ON STRIKE.” Defendant filed a counterclaim alleging damages negligently caused to the vessel. The District Court, sitting without a jury, tried the case and entered a final judgment in favor of plaintiff, including an award of attorney fees, and allowed defendant a setoff on its counterclaim. Defendant appeals.

The record discloses that the district judge failed to enter findings of fact and conclusions of law as required by Fed.R.Civ.P. 52(a). We therefore vacate the judgment of the District Court and remand the case for appropriate findings and conclusions. Anderson v. United States, 5 Cir., 1969, 413 F.2d 1045; Mladinich v. United States, 5 Cir., 1967, 371 F.2d 940; Oil & Gas Income, Inc. v. Woods Exploration & Producing Co., 5 Cir., 1966, 362 F.2d 309; Employers’ Liability Assur. Corp. v. Weeden, 5 Cir., 1960, 274 F.2d 809; Victory Towing Co., Inc. v. Bordelon, 5 Cir., 1955, 219 F.2d 540.

Vacated and remanded.

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Bluebook (online)

488 F.2d 1095, 1973 U.S. App. LEXIS 6441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-diesel-sales-service-inc-v-mv-on-strike-ca5-1973.

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