The meaning of this term, as applied to interest, is not an undertaking to pay ...
District Court for the Canal Zone Court Cases
1. The Andros Venture, owned and operated by libelant-respondent Andros Shipping Co., Ltd., was built in Quebec, Canada, in 1953 and is a single screw tank vessel of 17,845 gross tons and 13,280 net tons with an overall length of 624.8 feet and a beam of 84.2 feet. Her mean authorized tropical salt water (T SW) draft is 33 feet 11 7/8 inches. Her mean authorized tropical fresh water (TFW) draft is 34 feet 8 7/8 inches. On the transit in question, the Andros Venture was carrying a cargo of crude [...]
Court: District Court for the Canal Zone Docket: 4317, 4340
This action was begun by plaintiffs on November 12, 1964 by the filing of a complaint praying for a declaratory judgment that certain regulations promulgated by the defendant, Secretary of the Army, are invalid and for an injunction restraining the further implementation of the regulations.
Court: District Court for the Canal Zone Docket: Civ. No. 5858
Plaintiff Felix Pinto, an Ecuadorean national employee of the Panama Canal Company, originally brought this admiralty suit in rem against the S/S SANTA ISABEL for injuries he allegedly sustained while working as a longshoreman aboard the vessel. The complaint alleged plaintiff's injuries were caused by unseaworthy conditions existing aboard the vessel or alternatively by the negligence of the master and crew of the vessel.
Court: District Court for the Canal Zone Docket: Civ. No. 77-0121-B
Daniel E. McGrath, U. S. Atty., and Brice Toole, Atty. Department of Justice both of Washington, D. C. (Francis M. Shea, Joseph A. Fanalli, and William S. Ward, all of Washington, D. C., of counsel), for the United States.
Court: District Court for the Canal Zone Docket: Civ. No. 969
De Berrio v. United States (1980)Plaintiff, Aixa O. Vda De Berrio, a citizen of the Republic of Panama and a resident of Chorrera, Panama, has brought suit against the United States under the Federal Tort Claims Act (FTCA) for the wrongful death of her husband, Deoglides Berrio Arias. She alleges that he visited the outpatient clinic at Gorgas Hospital, operated by the Government of the Canal Zone, on October 27, 1978 complaining of various ailments, including a temperature of 105.2 degrees. She further alleges that the [...]
Court: District Court for the Canal Zone Docket: Civ. A. No. 79-451-B
The plaintiff, United States of America for the use of Way of Panama, S. A., filed its complaint under the Miller Act (40 U.S.C.A. § 270a) against Uhlhorn International, S. A. and National Surety Corporation on June 14, 1963. The complaint alleged that defendant, Uhlhorn International, S. A., a Panamanian corporation licensed to do business in the Canal Zone, was awarded a contract by the Federal Aviation Agency numbered FA-2-1579 (amended to FA-2-1578 in the amended complaint), for the [...]
Court: District Court for the Canal Zone Docket: Civ. No. 5581
Plaintiffs Caton and Shepherd filed the present civil action against their former employer, the Canal Zone Government, on May 25, 1977, alleging that they (and others similarly employed by the Fire Division) are the victims of discrimination on account of their race (black) and citizenship or national origin (Panamanian). For relief, they asked for both compensatory damages, including back-pay, and temporary and permanent injunctions requiring the defendant to modify the compensation [...]
Court: District Court for the Canal Zone Docket: Civ. No. 77-0195-B
On August 7, 1954, Rederiaktier-bolaget (Hans Von Rettig A/B and Wilh. Renson O/Y), a corporation of the Republic of Finland, hereinafter referred to as Rebe or libellant for the sake of brevity, instituted a cause of action in admiralty against Compania de Navegacion Anne, S. A., by filing a libel in personam with clause of foreign attachment. The libel alleges that the libellant entered into a written charter party with the respondent for the motor tank vessel Aruba for a period of two years [...]
Court: District Court for the Canal Zone Docket: 3996
This action was commenced by the filing of a libel in rem on March 10, 1963 by Todd Shipyards Corporation against F/V Maigus Luck, her engines, tackle, etc. to recover the sum of $48,900.00 and interest thereon as a balance due for repairs and supplies furnished to the vessel by libelant at Galveston, Texas between May 22, 1959 and July 9, 1959 inclusive.
Court: District Court for the Canal Zone Docket: 5519
Clark v. Hutchison (1957)This is an action for damages brought by the plaintiff, David Clark, against the defendant, Ann Hutchison, a minor, 19 years of age, for personal injuries accruing to the plaintiff by reason of defendant's negligence in the operation of her automobile. Plaintiff is a gasoline station attendant and the defendant is alleged to have driven her car alongside the platform and gasoline pump of the said station in a careless and reckless manner so that parts of the automobile protruded over the said [...]
Court: District Court for the Canal Zone Docket: Civ. No. 4555
The above cases were consolidated because they involve common questions of law and fact. On Motions for Summary Judgment as to Liability heretofore filed by Plaintiffs, same were granted and Judgment entered accordingly in favour of Plaintiffs on March 19, 1976, 409 F.Supp. 835.
Court: District Court for the Canal Zone Docket: Civ. Nos. 75-0332-B, 75-0363-B
Doyle v. Fleming (1963)
John W. Douglas, Asst. Atty. Gen. and Harlan F. Leathers, John J. Cowan, Carl Eardley and Donald B. MacGuineas, Attys., Dept. of Justice, Washington, D. C., and Rowland K. Hazard, U. S. Atty., Balboa, Canal Zone, of counsel, for defendants.
Court: District Court for the Canal Zone Docket: Civ. No. 5456
On December 8, 1974 in the Balboa outer anchorage there occurred a collision between the plaintiff's vessel, s/s TENADORES, and the m/v CLYDEBANK, which at the time of the collision was being operated under the control of a pilot employed by defendant Panama Canal Company. This suit grows out of that collision.
Court: District Court for the Canal Zone Docket: Civ. No. 75-0405-B
Aparicio v. Swan Lake (1979)The operative facts in these four personal injury cases are identical. In each the plaintiff, a harbor worker employed by the Panama Canal Company, was injured while working aboard a vessel transitting the Panama Canal. Alleging that his injuries were caused by the vessel's unseaworthiness and the crew's negligence, each injured worker brought suit against the vessel. The vessels in turn filed third-party complaints against the Panama Canal Company for indemnity, asserting that it had [...]
Court: District Court for the Canal Zone Docket: CV. 78-403-B, CV. 78-422-B, CV. 78-424-B and CV. 78-442-B
Arias, Fabrega & Fabrega, Gabriel A. Galindo, Panama City, Panama, Crowell, Rouse & Varian, New York City, Albert J. Joyce, Jr., Balboa, Canal Zone, for claimant (Cargo), Administratia Asigurarilor De Stat.
Court: District Court for the Canal Zone Docket: Civ. No. 3139
Folgner v. Italian Line (1974)
Plaintiff commenced this litigation on November 29, 1972 against Italian Line (the ocean carrier) and Panama Canal Company (the stevedore), seeking to recover damages for the total loss of one Ford Econoline Camper and its contents which vehicle dropped into Cristobal Harbor, Canal Zone, during discharge from the Italian Line vessel DONIZETTI.
Court: District Court for the Canal Zone Docket: Civ. No. 7632
The action brought by plaintiff, Potash Company of Canada, Limited, in Civil No. 7300, resulted from the failure of the M/V RALEIGH to perform its obligations under an agreement of voyage charter for the carriage of a full cargo of granular and coarse potash in bulk, from Vancouver, British Columbia to the ports of Santos and Parangua, Brazil. The cargo was loaded on the M/V RALEIGH and the vessel sailed from Vancouver on or about August 20, 1971 with 90% of the freight prepaid by plaintiff. [...]
Court: District Court for the Canal Zone Docket: Civ. Nos. 7300, 7331, 7332, 7375, 7376 and 7548
The present cause of action under 2 C.Z.C. § 291 arose out of damages sustained as a result of the S/T OVERSEAS NATALIE striking the side wall of Miraflores Locks on April 9, 1979. Eliminating those damages as a result of the vessel's detention by the Board of Local Inspector's (B.L.I.), the parties have previously stipulated to the liability and quantum of damages levied against the Panama Canal Commission (P.C.C.). The sole issue presented to this Court on a stipulated record is whether [...]
Court: District Court for the Canal Zone Docket: Civ. No. 79-0354-B
This action arises out of an April 29, 1976 collision of the M/V TAIRONA, owned by the Compania Nacional de Navegacion, S.A. ("Navenal"), with the breakwater at the Atlantic entrance to the Panama Canal, at Cristobal in the Canal Zone. Shortly after the collision, the vessel sank inside Cristobal harbor, partly blocking the entrance channel to the Canal. The Panama Canal Company ("Company"), as operator of the Panama Canal, demanded assurances that the owners would remove the wreck by May 3, [...]
Court: District Court for the Canal Zone Docket: C.V. 76-0349
Gardner v. Panama Canal Co. (1953)
As stated by the Supreme Court of the United States in its opinion of November 5, 1951, 342 U.S. 29, 72 S.Ct. 12, 96 L.Ed. 31, this suit in admiralty, a libel in personam, is petitioner's third attempt to secure damages for personal injuries alleged to have been sustained while a passenger on respondent's steamship.
Court: District Court for the Canal Zone Docket: 3097