John W. Mecom v. Shell Oil Company and Shell Pipe Line Corporation

Fifth Circuit

John W. Mecom v. Shell Oil Company and Shell Pipe Line Corporation

376 F.2d 31, 1967 U.S. App. LEXIS 6584

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 28, 1967

Docket24020_1

StatusPublished

Cited by2 cases

This text of 376 F.2d 31 (John W. Mecom v. Shell Oil Company and Shell Pipe Line Corporation) 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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John W. Mecom v. Shell Oil Company and Shell Pipe Line Corporation, 376 F.2d 31, 1967 U.S. App. LEXIS 6584 (5th Cir. 1967).

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Opinion

PER CURIAM:

This is an appeal from the judgment of the United States District Court for the Eastern District of Louisiana modifying a former order of the court in an exoneration from and/or limitation of liability proceeding instituted by the appellant. The order complained about modified the court’s former order of injunction which stayed and restrained the filing, commencement or prosecution of all suits against the insurers of the petitioner Mecom and relaxed the injunction to the extent of permitting the institution of direct actions, but not their further prosecution. The controversy arises out of claims by the appellees for loss and damage allegedly sustained when the Mecom vessel came into contact with an oil platform owned by Shell Oil Company and a pipe line owned by Shell Pipe *32 Line Corporation in the Gulf of Mexico during a hurricane.

We conclude that the trial court did not commit error in modifying its former order of injunction. See Maryland Casualty Company v. Cushing, 347 U.S. 409, 74 S.Ct. 608, 98 L.Ed. 806; Ex parte Tokio Marine & Fire Ins. Co. (Ex parte Aetna Cas. & Surety Co.) (5 Cir. 1963), 322 F.2d 113, 115; Guillot v. Cenac Towing Company (5 Cir. 1966), 366 F.2d 898.

Nothing herein said will prejudice the rights of the parties in any subsequent proceedings in suits filed by the appel-lees against the insurers of Mecom pursuant to order modifying the former order of injunction.

The judgment is affirmed.

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PER CURIAM:

This is an appeal from the judgment of the United States District Court for the Eastern District of Louisiana modifying a former order of the court in an exoneration from and/or limitation of liability proceeding instituted by the appellant. The order complained about modified the court’s former order of injunction which stayed and restrained the filing, commencement or prosecution of all suits against the insurers of the petitioner Mecom and relaxed the injunction to the extent of permitting the institution of direct actions, but not their further prosecution. The controversy arises out of claims by the appellees for loss and damage allegedly sustained when the Mecom vessel came into contact with an oil platform owned by Shell Oil Company and a pipe line owned by Shell Pipe *32 Line Corporation in the Gulf of Mexico during a hurricane.

We conclude that the trial court did not commit error in modifying its former order of injunction. See Maryland Casualty Company v. Cushing, 347 U.S. 409, 74 S.Ct. 608, 98 L.Ed. 806; Ex parte Tokio Marine & Fire Ins. Co. (Ex parte Aetna Cas. & Surety Co.) (5 Cir. 1963), 322 F.2d 113, 115; Guillot v. Cenac Towing Company (5 Cir. 1966), 366 F.2d 898.

Nothing herein said will prejudice the rights of the parties in any subsequent proceedings in suits filed by the appel-lees against the insurers of Mecom pursuant to order modifying the former order of injunction.

The judgment is affirmed.

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376 F.2d 31, 1967 U.S. App. LEXIS 6584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-w-mecom-v-shell-oil-company-and-shell-pipe-line-corporation-ca5-1967.

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