Cases

AMENDED ORDER DENYING BANKS’ MOTION UNDER 11 U.S.C. § 1112(b) TO CONVERT CASE TO CHAPTER 7 ALEXANDER L. PASKAY, Chief Judge. This is a yet-to-be-confirmed Chapter 11 case filed on October 11, 1995, by Lykes Brothers Steamship Co., Inc. (Debtor). The immediate matter under consideration is a Motion to Convert Case to Chapter 7 (Motion), filed by J.P. Morgan Delaware, Morgan Guaranty Trust Co., Whitney Natio

MEMORANDUM AND ORDER NOEL, District Judge. In this ship foreclosure proceeding, the question now presented is whether wages earned by alleged deserters may prime the preferred ship mortgage. The mortgagee contends that the amount should be applied to the debt. This position is opposed by the United States, which has an interest in the fund sufficient to confer standing. Humes v. Alaska Transportation Company

339 F.Supp. 1223 (1971) UNITED STATES of America v. LYKES BROS. STEAMSHIP CO., Inc., In Personam and SS MARJORIE LYKES, Her Engines, Tackle, etc., In Rem. Civ. A. No. 69-H-339. United States District Court, S. D. Texas, Houston Division. November 10, 1971. *1224 Anthony J. P. Farris, U. S. Atty., B. Stephen Rice, Asst. U. S. Atty

FISHER, District Judge. The above entitled cause came on for trial before the Court in Admiralty, the Libellants appeared in person and by their proctors, the Intervenor appeared in person and by her proctor, and the Respondents and Impleaded Respondent appeared- by and' through their proctors, and testimony having been offered by all parties, and the Court having been fully advised in the premises, now makes and files its</

285 F.Supp. 153 (1968) Mrs. Louise RIDEAUX, a Widow, Libelant, v. LYKES BROS. STEAMSHIP COMPANY, Inc., and S. S. THOMPSON LYKES, Respondents, v. PAULSEN-WEBBER CORDAGE CORPORATION, Impleaded Respondent. Hartford Accident & Indemnity Company, Intervenor. No. A.D. 63-H-135. United States District Court S. D. Texas, Houston Division. March 29, 1968.

236 F.Supp. 360 (1964) Freddy Mack AYCOCK v. LYKES BROTHERS STEAMSHIP CO., Inc. Civ. A. No. 64-H-45. United States District Court S. D. Texas, Houston Division. July 31, 1964. Cire & Jamail and John Gano, Houston, Tex., for plaintiff. Royston, Rayzor & Cook and Carl O. Bue, Jr., Houston, Tex., for defendant. HANNAY, District Judge. This

*838 Memorandum,' and order SINGLETON, District Judge. The present controversy grows out of a third party suit by Heard W. Paschal, a longshoreman, against Lykes Bros. Steamship Co., Inc., owner of the SS CHARLES LYKES. Lykes, joined by Hartford Accident and Indemnity Company, has filed a petition for declaratory judgment requesting a const

346 S.W.2d 166 (1961) SABINE PILOTS ASSOCIATION et al., Appellants, v. LYKES BROTHERS STEAMSHIP, INC. et al., Appellees. No. 10867. Court of Civil Appeals of Texas, Austin. April 26, 1961. Rehearing Denied May 17, 1961. Eastham, Watson, Dale & Forney, John P. Forney, Jr., Houston, for appellants. Robert Eikel, Houston, Orgain, Bell &

HUTCHESON, Circuit Judge. This is an appeal by the plaintiff from a verdict and judgment against him in a suit for damages for personal injuries. The complaint filed by the appellant contained allegations predicating liabili *314

PER CURIAM: The appellant, Lonnie D. Canada, was a seaman employed by the appellee, Lykes Brothers Steamship Company, Inc., on its vessel, the SS Allison-Lykes. For the safe stowage of his clothing and personal effects, the ship provided him with a metal locker which he secured with his own lock. On returning to the ship after overn

KENNERLY, District Judge. This is a proceeding under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., to review a compensation award and order of a Deputy Commissioner, Section 921, 33 U.S. C.A., entered in the matter of a claim of defendant C. B. Stansfield (for brevity called Stansfield) against Lykes Bros. Steamship Company (for brevity called plaintiff) on February 1, 1941, as a result

GRAVES, Justice. This appeal is from a judgment of the 56th District Court of Galveston County sustaining a general demurrer to the petition of appellant, and dismissing his suit for damages for personal injuries, as therein declared upon by him against the appel-lee; the material substance of the pleading was this: “2. That on or about the 3rd day of September, 1939, plaintiff was employed as a se

HUTCHESON, Circuit Judge. The suit was brought under Sec. 21, Longshoremen and Harbor Workmen’s Compensation Act,1 against Shepperd, the deputy commissioner, and against the claimant to set aside a second award of date, February 1, 1941, modifying and increasing by 10%, the award of 15% permanent partial disability, the commissioner had made June 6, 1939. The claim was; that by the terms of the

PER CURIAM. This case involves a collision between the King Cole, a workboat owned by the Libelant, Morris J. Barrilleaux, the turning propeller of the TILLIE LYKES, a steamship owned by Lykes Bros. Steamship Co., Inc., and some barges owned by the Respondent Madison B. Wright, d/b/a Wright Towing Company. Upon full findings of fact

JOHN R. BROWN, Chief Judge: This appeal presents the troublesome and recurring and sometimes confusing problem of properly allocating the burden of proof between Shipper and Carrier in a suit for damages to perishable cargo. The United States (Shipper) brought suit to recover for damage to a shipment of whole wheat flour transported by Lykes (Carrier) from Houston,

MANION, Circuit Judge. A jury awarded Marian Gorlikowski $1,425,000 for injuries received when a semi-tractor trailer driven by Richard B. Tolbert, II, for J.W. Express, Inc., struck Gorlikow-ski’s vehicle. Tolbert and J.W. Express appeal, alleging that the jury was improperly instructed and that the verdict is excessive. We affirm. I. Facts

NUMBER 13-06-00370-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CO

NUMBER 13-06-00370-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG G. CAMERON DUNCAN, JR., F.B. DUNCAN LAND PARTNERS, LTD., MAY SHELLMIRE DUNCAN, GENEVIEVE LYKES DUNCAN, MARY BELLE ROGERS, IN HER CAPACITIES AS EXECUTOR AND TRUSTEE OF THE ESTATE OF SUSAN HERSHEY HELM, DECEASED, AND OLIVE HERSHEY SPITZMILLER, Appellants, v. J. MICHAEL HERSHE

FAY, Circuit Judge: This appeal concerns the proper measure of damages to compensate a shipper for injury to a cargo of soybeans aboard a carrier’s vessel en route from Oklahoma to Louisiana. The shipper accepted the cargo of deteriorating soybeans, blended the beans with a higher grade of soybean, and sold the blend at a price equal to the original market value of the cargo. The shipper then sued the carrier for damages. Th

622 F.2d 851 COOK INDUSTRIES, INC., Plaintiff-Appellant Cross-Appellee,v.BARGE UM-308, her tackle, apparel, etc., in rem, Defendant,Upper Mississippi Towing Corporation, in personam,Defendant-Appellee Cross-Appellant. No. 78-2797. United States Court of Appeals,Fifth Circuit. July 31, 1980. Thomas W. T