449 F.Supp. 1363 (S.D.Tex. 1978), Civ. A. H-75-1345, Edwards v. Gulf Mississippi Marine Corp.

Docket NºCiv. A. H-75-1345
Citation449 F.Supp. 1363
Party NameEdwards v. Gulf Mississippi Marine Corp.
Case DateApril 28, 1978
CourtUnited States District Courts, 5th Circuit, United States District Courts. 5th Circuit. Southern District of Texas

Page 1363

449 F.Supp. 1363 (S.D.Tex. 1978)

Mrs. Dorothy EDWARDS, as personal representative of the Estate of Harry Edwards, A. W. Mixter, Individually and as personal representative of the Estate of John Alfred Mixter, Audrey Yates, Individually and as personal representative of the Estate of Allen Reader, Bashir Ahmed, Individually and as personal representative of the Estate of Javed Ahmed, Fazal Elahi, Individually and as personal representative of the Estate of Javed Ahmed, and Fazal Elahi, Individually and as personal representative of the Estate of Ghdlam Sadiq

v.

GULF MISSISSIPPI MARINE CORP., Gulf Mississippi International, S. A., Gulf International Marine Corp., International Marine Service Inc., and Pott Industries, Inc.

Civ. A. No. H-75-1345.

United States District Court, S.D. Texas

April 28, 1978

Page 1364

[Copyrighted Material Omitted]

Page 1365

Arthur L. Schechter, Schechter & Shelton, Inc., Houston, Tex., for plaintiffs.

John K. Meyer, Hinds & Meyer, Houston, Tex., for defendants.

MEMORANDUM and ORDER:

SINGLETON, District Judge.

Plaintiffs in this lawsuit are the personal representatives of five deceased persons who died when the "Glenda Guidry" sank approximately twenty-five miles off the coast of Iran on or about December 5, 1975. This action is maintained under the Jones Act, 46 U.S.C. s 688, the Death on the High Seas Act, 46 U.S.C. s 761, and general maritime law, against five corporate defendants: Pott Industries, Inc. (hereinafter Pott), Gulf Mississippi Marine Corporation (hereinafter GMMC), Gulf International Marine Corporation (hereinafter GIMC), Gulf Mississippi International, S.A. (hereinafter GMISA), and International Marine Services, Inc. (hereinafter IMS).

Four of the defendants, Pott, GMMC, GMISA, and GIMC have filed motions to quash service and to dismiss for lack of personal jurisdiction over these defendants. Having carefully examined the applicable law and extensive briefs submitted to the court on this question, the court finds that defendants' motions should be denied.

At all times material to this action, the vessel, "Glenda Guidry," was operated by GIMC, a Panamanian corporation that is owned 50 percent by GMISA and 50 percent by IMS, Inc., a Panamanian corporation. The owner of the "Glenda Guidry" was GMISA, also a Panamanian corporation whose capital stock is in turn owned 100 percent by GMMC, a Louisiana corporation with principal offices in New Orleans, Louisiana, and with offices in Houston, Texas. Likewise, Pott, whose place of incorporation and principal place of doing business is St. Louis, Missouri, owns 100 percent of the capital stock of GMMC.

The first issue to be resolved is whether the Texas long arm statute is applicable in this case. See Tex.Rev.Civ.Stat.Ann. art. 2031b (1964). Plaintiff's contention is that article 2031b is not applicable since the instant action is grounded on federally created rights and not on diversity of citizenship.

It is now well settled that the power of a federal court to exercise jurisdiction over nonresident defendants in a diversity case is governed by the law of the state in which the federal court sits, with "federal law" applied only for determining whether the state's assertion of jurisdiction violates constitutional guarantees. Product Promotions, Inc. v. Cousteau,495 F.2d 483, 489 (5th Cir. 1974); Gordon v. John Deere Company, 466 F.2d 1200 (5th Cir. 1972); Arrowsmith v. United Press International, 320 F.2d 219, 223 (2d Cir. 1963). However, in cases arising under the Constitution, laws, or treaties of the United States, the Fifth Circuit has recognized that the limitations placed upon the courts of the state do not apply to a federal court sitting in that state. Lone Star Package Car Co. v. Baltimore & O. R. Co., 212 F.2d 147, 154 (5th Cir. 1954); Black v. Acme Markets, Inc., 564 F.2d 681 (5th Cir. 1977). However, as noted in Black, if the manner of service is not provided for under federal procedures...

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5 practice notes
  • 705 F.2d 738 (5th Cir. 1983), 81-1209, Jim Fox Enterprises, Inc. v. Air France
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • May 23, 1983
    ...service of process. [8] See Allan v. Brown & Root, Inc., 491 F.Supp. 398 (S.D.Tex.1980); Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363 (S.D.Tex.1978) ("[S]ervice was effectively executed under Rule 4(d)(3) ... service pursuant to article 2031b would not be necessary be......
  • 699 F.2d 1254 (D.C. Cir. 1983), 81-1883, I.A.M. Nat. Pension Fund, Ben. Plan A v. Wakefield Industries, Inc. Div. of Capehart Corp.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • February 11, 1983
    ...492-93 (5th Cir.1974); Allan v. Brown & Root, Inc., 491 F.Supp. 398, 403 (S.D.Tex.1980); Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363, 1365-66 (S.D.Tex.1978); Luria Steel & Trading Corp. v. Ogden Corp., 327 F.Supp. 1345, 1347-48 (E.D.Pa.1971); 3 Cyclopedia of Federal P......
  • 664 F.2d 63 (5th Cir. 1981), 81-1209, Jim Fox Enterprises, Inc. v. Air France
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • December 14, 1981
    ...or general agent.... [4] See Allan v. Brown & Root, Inc., 491 F.Supp. 398 (S.D.Tex.1980); Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363 (S.D.Tex.1978)("(S)ervice was effectively executed under Rule 4(d)(3) ... service pursuant to article 2031b would not be necessary be......
  • 670 F.Supp. 344 (S.D.Fla. 1987), 87-8294, John Scott, Inc. v. Munford, Inc.
    • United States
    • Federal Cases United States District Courts 11th Circuit United States District Courts. 11th Circuit. Southern District of Florida
    • October 1, 1987
    ...agent of a parent corporation can constitute valid service and confer personal jurisdiction. Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363 (S.D.Tex.1978). A mere parent-subsidiary corporate relationship, however, does not establish the necessary agency relationship. Cannon Mfg.......
  • Request a trial to view additional results
5 cases
  • 705 F.2d 738 (5th Cir. 1983), 81-1209, Jim Fox Enterprises, Inc. v. Air France
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • May 23, 1983
    ...service of process. [8] See Allan v. Brown & Root, Inc., 491 F.Supp. 398 (S.D.Tex.1980); Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363 (S.D.Tex.1978) ("[S]ervice was effectively executed under Rule 4(d)(3) ... service pursuant to article 2031b would not be necessary be......
  • 699 F.2d 1254 (D.C. Cir. 1983), 81-1883, I.A.M. Nat. Pension Fund, Ben. Plan A v. Wakefield Industries, Inc. Div. of Capehart Corp.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • February 11, 1983
    ...492-93 (5th Cir.1974); Allan v. Brown & Root, Inc., 491 F.Supp. 398, 403 (S.D.Tex.1980); Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363, 1365-66 (S.D.Tex.1978); Luria Steel & Trading Corp. v. Ogden Corp., 327 F.Supp. 1345, 1347-48 (E.D.Pa.1971); 3 Cyclopedia of Federal P......
  • 664 F.2d 63 (5th Cir. 1981), 81-1209, Jim Fox Enterprises, Inc. v. Air France
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • December 14, 1981
    ...or general agent.... [4] See Allan v. Brown & Root, Inc., 491 F.Supp. 398 (S.D.Tex.1980); Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363 (S.D.Tex.1978)("(S)ervice was effectively executed under Rule 4(d)(3) ... service pursuant to article 2031b would not be necessary be......
  • 670 F.Supp. 344 (S.D.Fla. 1987), 87-8294, John Scott, Inc. v. Munford, Inc.
    • United States
    • Federal Cases United States District Courts 11th Circuit United States District Courts. 11th Circuit. Southern District of Florida
    • October 1, 1987
    ...agent of a parent corporation can constitute valid service and confer personal jurisdiction. Edwards v. Gulf Mississippi Marine Corp., 449 F.Supp. 1363 (S.D.Tex.1978). A mere parent-subsidiary corporate relationship, however, does not establish the necessary agency relationship. Cannon Mfg.......
  • Request a trial to view additional results