Lombard v. Elliott

Fifth Circuit

Lombard v. Elliott

77 F.2d 496, 1935 U.S. App. LEXIS 4640, 1935 A.M.C. 764

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 8, 1935

DocketNo. 7636

StatusPublished

Cited by1 cases

This text of 77 F.2d 496 (Lombard v. Elliott) 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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Lombard v. Elliott, 77 F.2d 496, 1935 U.S. App. LEXIS 4640, 1935 A.M.C. 764 (5th Cir. 1935).

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Opinion

FOSTER, Circuit Judge.

On a former appeal, Elliott v. Lombard, 72 F.(2d) 543, we reversed a judgment decreeing that the motorboat, Real, was solely at fault for a collision between herself and a barge in tow of the motorboat, Lucky Girl, and, holding both at fault, decreed that the damages be divided equally. The District Court had awarded interest from the date of the collision. Both our opinion and the mandate sent down were silent as to interest. The District Court, entering judgment on the mandate, declined to allow interest from the date of collision. This appeal, solely involving that question, followed.

The District Court correctly interpreted the mandate.

Affirmed.

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FOSTER, Circuit Judge.

On a former appeal, Elliott v. Lombard, 72 F.(2d) 543, we reversed a judgment decreeing that the motorboat, Real, was solely at fault for a collision between herself and a barge in tow of the motorboat, Lucky Girl, and, holding both at fault, decreed that the damages be divided equally. The District Court had awarded interest from the date of the collision. Both our opinion and the mandate sent down were silent as to interest. The District Court, entering judgment on the mandate, declined to allow interest from the date of collision. This appeal, solely involving that question, followed.

The District Court correctly interpreted the mandate.

Affirmed.

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77 F.2d 496, 1935 U.S. App. LEXIS 4640, 1935 A.M.C. 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lombard-v-elliott-ca5-1935.

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