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Maryland Casualty Co. v. Cushing, 347 U.S. 409 (1954)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Maryland Casualty Co. v. Cushing, 347 U.S. 409 (1954)
Maryland Casualty Co. v. Cushing No. 11 Argued April 27-28, 1953 Reargued November 10, 12, 1953 Decided April 12, 1954 347 U.S. 409
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
The owner and charterer of a vessel which collided with a pier and capsized in navigable waters in Louisiana filed consolidated petitions in admiralty in the Federal District Court in Louisiana to limit their liability under the provisions of 46 U.S.C. § 183 and 186. Subsequently, basing jurisdiction on diversity of citizenship and the Jones Act, the representatives of five seamen who had drowned brought this consolidated action in the same District Court against the liability underwriters of the owner and charterer of the vessel. For their right to proceed against the insurance companies, the plaintiffs relied on § 655 of the Louisiana Insurance Code, which authorizes direct suit "against the insurer within the terms and limits of the policy," and on the McCarran Act, 15 U.S.C. § 1012. The District Court dismissed the consolidated suit against the insurers. The Court of Appeals reversed.
Held: the judgment of the Court of Appeals is vacated, and the case is remanded to the District Court to be continued until after the completion of the limitation proceeding. Pp. 410-427.
198 F. 2d 536, judgment vacated and cause remanded.
The District Court dismissed a consolidated suit brought by respondents against the petitioner insurance companies. 99 F.Supp. 681. The Court of Appeals reversed. 198 F.2d 536. This Court granted certiorari. 345 U.S. 902. Judgment of the Court of Appeals vacated and cause remanded to the District Court with directions, p. 423.
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Chicago: U.S. Supreme Court, "Syllabus," Maryland Casualty Co. v. Cushing, 347 U.S. 409 (1954) in 347 U.S. 409 347 U.S. 410. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=YFWH6V2JSEE79NG.
MLA: U.S. Supreme Court. "Syllabus." Maryland Casualty Co. v. Cushing, 347 U.S. 409 (1954), in 347 U.S. 409, page 347 U.S. 410. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YFWH6V2JSEE79NG.
Harvard: U.S. Supreme Court, 'Syllabus' in Maryland Casualty Co. v. Cushing, 347 U.S. 409 (1954). cited in 1954, 347 U.S. 409, pp.347 U.S. 410. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=YFWH6V2JSEE79NG.
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