MALLARD v. ALUMINUM CO. OF CANADA, LTD.

Nos. 79-1095, 79-1847 and 79-1922.

634 F.2d 236 (1981)

Obbie MALLARD and Daisy Mallard, his wife, Plaintiffs-Appellants, v. ALUMINUM COMPANY OF CANADA, LTD. et al., Defendants-Appellees. Obbie MALLARD, Plaintiff, Daisy Mallard, his wife, Plaintiff-Appellant, v. The M/V "GERMUNDO", a Finnish flag vessel, her engine, tackle and appurtenances, etc. In Rem; Rederiaktiebolaget Gustaf Erikson and Consolidated-Bathurst Limited, In Personam, Defendants-Appellees. Obbie MALLARD and Daisy Mallard, his wife, Plaintiffs-Appellants, v. The M/V "GERMUNDO," etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 15, 1981.


Attorney(s) appearing for the Case

Reginald M. Hayden, Jr., George P. Telepas, Miami, Fla., for plaintiffs-appellants.

William B. Milliken, Miami, Fla., amicus curiae, for Rederiaktiebolaget Gustaf Erikson and Consolidated Bathurst.

Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, Fla., for defendants-appellees in 79-1095.

Todd A. Cowart, James E. Tribble, Miami, Fla., for defendants-appellees in all cases.

Fowler, White, Burnett, Hurley, Banick & Knight, Miami, Fla., for defendants-appellees in 79-1847 and 79-1922.

Before HENDERSON, POLITZ and WILLIAMS, Circuit Judges.


HENDERSON, Circuit Judge:

These are three consolidated appeals1 arising from injuries sustained by the appellant, longshoreman Obbie Mallard, in a forklift accident while he was discharging cargo on the M/V Germundo in Port Everglades, Florida. Obbie Mallard and his wife Daisy Mallard appeal from an order dismissing the loading stevedore, Aluminum Company of Canada, Ltd. (hereinafter referred to as ALCAN), for lack of personal jurisdiction...

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