Canadian Aviator v. United States, 106
| Decision Date | 07 February 1951 |
| Docket Number | No. 106,Docket 21821.,106 |
| Citation | 187 F.2d 100 |
| Parties | CANADIAN AVIATOR, Limited, v. UNITED STATES et al. |
| Court | U.S. Court of Appeals — Second Circuit |
Burlingham, Veeder, Clark & Hupper, New York City, Proctors for libellant, Canadian Aviator, Ltd.; Eugene Underwood and Robert A. Feltner, New York City, advocates.
H. G. Morison, Asst. Atty. Gen., and Irving H. Saypol, U. S. Atty., New York City, proctors for the United States; Leavenworth Colby, Edward L. Smith, and Morton Hollander, of the Department of Justice, Washington, D. C., advocates.
Bigham, Englar Jones & Houston, New York City, Charles A. Van Hagen, Jr., New York City, of counsel, for intervenors-appellees H. Jason Jones and others.
Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.
These are cross-appeals by libellant Canadian Aviator, Ltd., and cross-libellant The United States of America, from a final decree entered January 16, 1950, awarding damages and interest on claims arising out of a collision between the S. S. Cavelier, owned by Canadian Aviator, Ltd., and the S. S. Joseph Stanton, owned by the United States. Each party alleged the negligent navigation of the other. The District Court upon the trial of the issues of negligence made an interlocutory decree holding both vessels at fault, which was affirmed on a prior appeal, 2 Cir., 154 F.2d 825. The amount of damages, other than interest, is not now disputed. The question before us is whether either libellant or respondent should be allowed interest for the period prior to the entry of the final decree striking a balance in favor of the party that sustained the greater damages. This question we answered in the negative in a full opinion by Judge Clark in The Wright, 2d Cir., 109 F.2d 699. The libellant here contends that that decision should not be regarded as controlling because of the particular circumstances there present. The particular circumstances said to differentiate that decision are that the Public Vessels Act, 46 U.S.C.A. § 782, governing that case, did not allow interest against the United States until final decree. The libellant here would distinguish The Wright on the ground that it simply held that it was unfair to allow interest prior to final decree in favor of the government when the other party could not recover interest during the same period. The decision in The Wright, however, proceeded upon no such...
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Moore-McCormack Lines v. The Esso Camden
...on collision damages although it was one of the parties at fault8 and that this is contrary to the rule of Canadian Aviator, Ltd. v. United States, 2 Cir., 187 F.2d 100; and The Wright, 2 Cir., 109 F.2d 699, Interest on general average disbursements is an allowance for the use of the shipow......
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Lady Nelson, Ltd. v. Creole Petroleum Corporation, 126
...to the decree. Creole's contention that this Court's decisions in The Wright, 2 Cir., 1940, 109 F.2d 699, and Canadian Aviator, Ltd. v. United States, 1950, 187 F.2d 100, certiorari denied 1951, 342 U.S. 813, 72 S.Ct. 27, 96 L.Ed. 615, had excluded all discretion to award pre-decree interes......
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Gretchen v. U.S., 51
...must be construed, in the light of our earlier cases, to mean the formal entry of judgment, e. g., Canadian Aviator, Ltd. v. United States, 187 F.2d 100, 101 (2d Cir. 1951); The Wright, 109 F.2d 699, 700-02 (2d Cir. 1940). Here, interest (at 4% pursuant to the Suits in Admiralty Act, 46 U.S......
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COMPLAINT OF SINCERE NAVIGATION CORP., Civ. A. No. 68-2250.
...does not determine the final liabilities of the parties. This appears to be the significance of the decision in Canadian Aviator, Ltd. v. United States, 2 Cir. 1951, 187 F.2d 100, cert. denied, 342 U.S. 813, 72 S.Ct. 27, 96 L.Ed. 615. There the court held that post-judgment interest did not......