Alleman v. Bunge Corp., No. 84-3209

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore REAVLEY, POLITZ and HIGGINBOTHAM; REAVLEY
Citation756 F.2d 344
PartiesJames J. ALLEMAN and Shirley Alleman, Plaintiffs, v. BUNGE CORPORATION, et al., Defendants-Appellants, v. REPUBLIC INSURANCE CO., et al., Defendants-Appellees. Summary Calendar.
Decision Date19 December 1984
Docket NumberNo. 84-3209

Page 344

756 F.2d 344
James J. ALLEMAN and Shirley Alleman, Plaintiffs,
v.
BUNGE CORPORATION, et al., Defendants-Appellants,
v.
REPUBLIC INSURANCE CO., et al., Defendants-Appellees.
No. 84-3209
Summary Calendar.
United States Court of Appeals,
Fifth Circuit.
Dec. 19, 1984.

Page 345

John E. Galloway, New Orleans, La., for Bunge Corp. & Ins. Co. of North America.

Robert S. Reich, Charles F. Lozes, New Orleans, La., for Republic Ins. Co., et al.

Norman C. Sullivan, Jr., New Orleans, La., for St. Louis Shipbuilding.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

Bunge Corp. and Insurance Co. of North America (hereinafter referred to collectively as Bunge) appeal a summary judgment in favor of eight insurance companies. 1 Bunge attempts to base this appeal on 28 U.S.C. Sec. 1292(a)(3) (1982), which permits appeal of interlocutory decrees in admiralty cases. Because this appeal is not from a maritime action and no other jurisdiction exists, we dismiss the appeal.

James and Shirley Alleman brought suit in Louisiana state court to recover for personal injuries that resulted from James' falling in an open hole on a grain barge while employed by Bunge as a longshoreman. The Allemans brought claims under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. Secs. 901-950 (1982), general maritime law, and Louisiana state law, La.Civ.Code Ann. art. 2315 (West Supp.1984), against, among others, Bunge and eight other insurance companies with which Bunge had an insurance policy. Bunge removed the action to federal court on the basis of diversity jurisdiction, 28 U.S.C. Sec. 1332(a) (1982). The federal district court then granted the eight insurance companies summary judgment on grounds that their policy with Bunge excluded coverage of claims by employees.

The admiralty jurisdiction of the federal courts, 28 U.S.C. Sec. 1333 (1982), could have been invoked in this case. The Allemans could have filed their complaint with a statement identifying it as a maritime claim, Fed.R.Civ.P. 9(h), 2 in admiralty court. Bynum v. Patterson Truck Lines, Inc., 655 F.2d 643, 644 (5th Cir.1981) (Longshoremen's and Harbor Workers' Compensation Act is a maritime cause of action). Instead, the Allemans exercised their "historic option," Romero v. International Terminal Operating Co., 358 U.S. 354, 371, 79 S.Ct. 468, 480, 3 L.Ed.2d 368...

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15 practice notes
  • Wingerter v. Chester Quarry Co., No. 98-3069
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 11, 1998
    ...(5th Cir.) (per curiam) (listing examples), cert. denied, 464 U.S. 847 (1983); accord Foulk, 144 F.3d at 255; Alleman v. Bunge Corp., 756 F.2d 344, 345 (5th Cir. 1984) (citing T.N.T. Marine). The most relevant consequence for our purposes is that the failure to properly reference a claim as......
  • Garcia v. United States, Civil Action No. 1:17-cv-00028
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 15, 2019
    ...1997) ; Fedorczyk v. Caribbean Cruise Lines, Ltd. , 82 F.3d 69, 73 (3d Cir. 1996) ; Baris , 932 F.2d at 1547 ; Alleman v. Bunge Corp. , 756 F.2d 344, 345 (5th Cir. 1984). In the second type of case, the issue is "how specific a party must be in identifying an admiralty claim in a complaint ......
  • Coody v. Exxon Corp., No. 85-765-B.
    • United States
    • United States District Courts. 5th Circuit. Middle District of Louisiana
    • March 3, 1986
    ...court on the basis of the court's admiralty jurisdiction as defined by 28 U.S.C. § 1333. Alleman v. Bunge Corporation, 630 F. Supp. 204 756 F.2d 344 (5th Cir.1984). In Alleman the Fifth Circuit Court of Appeals dismissed an appeal brought pursuant to 28 U.S.C. § 1292(a)(3),7 because "the Al......
  • Trentacosta v. Frontier Pacific Aircraft Industries, Inc., No. 85-5829
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 8, 1987
    ...he expressly claimed jurisdiction in his complaint exclusively under the Jones Act and 28 U.S.C. Sec. 1331. See Alleman v. Bunge Corp., 756 F.2d 344, 345 (5th The defendants moved to dismiss Trentacosta's claims for lack of subject matter jurisdiction. They contended he was not a seaman wit......
  • Request a trial to view additional results
15 cases
  • Wingerter v. Chester Quarry Co., No. 98-3069
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 11, 1998
    ...(5th Cir.) (per curiam) (listing examples), cert. denied, 464 U.S. 847 (1983); accord Foulk, 144 F.3d at 255; Alleman v. Bunge Corp., 756 F.2d 344, 345 (5th Cir. 1984) (citing T.N.T. Marine). The most relevant consequence for our purposes is that the failure to properly reference a claim as......
  • Garcia v. United States, Civil Action No. 1:17-cv-00028
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 15, 2019
    ...1997) ; Fedorczyk v. Caribbean Cruise Lines, Ltd. , 82 F.3d 69, 73 (3d Cir. 1996) ; Baris , 932 F.2d at 1547 ; Alleman v. Bunge Corp. , 756 F.2d 344, 345 (5th Cir. 1984). In the second type of case, the issue is "how specific a party must be in identifying an admiralty claim in a complaint ......
  • Coody v. Exxon Corp., No. 85-765-B.
    • United States
    • United States District Courts. 5th Circuit. Middle District of Louisiana
    • March 3, 1986
    ...court on the basis of the court's admiralty jurisdiction as defined by 28 U.S.C. § 1333. Alleman v. Bunge Corporation, 630 F. Supp. 204 756 F.2d 344 (5th Cir.1984). In Alleman the Fifth Circuit Court of Appeals dismissed an appeal brought pursuant to 28 U.S.C. § 1292(a)(3),7 because "the Al......
  • Trentacosta v. Frontier Pacific Aircraft Industries, Inc., No. 85-5829
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 8, 1987
    ...he expressly claimed jurisdiction in his complaint exclusively under the Jones Act and 28 U.S.C. Sec. 1331. See Alleman v. Bunge Corp., 756 F.2d 344, 345 (5th The defendants moved to dismiss Trentacosta's claims for lack of subject matter jurisdiction. They contended he was not a seaman wit......
  • Request a trial to view additional results

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