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Publication Date

7-1976

Document Type

Survey Article

Abstract

Cases decided by the Fifth Circuit Court of Appeals during calendar year 1975 which involved admiralty and maritime claims embrace a colorful variety of fact situations but establish few benchmark principles of marine law. One very important case was decided by the U.S. Supreme Court during the survey period, United States v. Reliable Transfer Co., in which was laid to rest one of the unique doctrines of American admiralty law, the rule of dividend damages. Surprisingly, the Fifth Circuit handed down no decisions which provided any meaningful guidance to the proper interpretation of the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act. As has been the practice in past survey articles, an effort has been made to restrict the scope of this review to those cases which deal primarily with the proper interpretation and application of principles of admiralty law. Cases which are concerned largely with reviewing the fact findings of trial courts and juries are not included in this commentary

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