ARMSTRONG v. ALABAMA POWER CO.

Nos. 80-9008, 81-7288.

667 F.2d 1385 (1982)

Richard E. ARMSTRONG, as administrator of the estate of Jeri Williams, deceased, et al., Plaintiffs-Appellees, v. ALABAMA POWER COMPANY, Defendant and Third Party Plaintiff-Appellant, v. UNITED STATES of America, Marine Builders, Inc., Bangor Punta Marine, Third Party Defendants-Appellees. Virgie Mae LAMB and Richard E. Armstrong, as joint administrators of the estate of David L. Williams, deceased, et al., Plaintiffs-Appellees, v. ALABAMA POWER COMPANY, Defendant and Third Party Plaintiff-Appellant, v. UNITED STATES of America, Marine Builders, Inc., and Bangor Punta Marine, Third Party Defendants-Appellees. ALABAMA POWER COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 18, 1982.


Attorney(s) appearing for the Case

Balch, Bingham, Baker, Hawthorne, Williams & Ward, Edward S. Allen, Birmingham, Ala., Inge, Twitty, Duffy & Prince, James J. Duffy, Jr., Carroll H. Sullivan, Mobile, Ala., for Alabama Power Co.

Thomas L. Jones, Edward J. Vulevich, Jr., Dept. of Justice, Civ. Div., Torts Branch, Washington, D. C., for the U. S.

Frank G. Taylor, Mobile, Ala., for Marine Builders.

Alex T. Howard, Jr., Mobile, Ala., for C. Raymond Hunt Associates and Bangor Punta Marine.

John T. Crowder, Jr., W. Boyd Reeves, Robert T. Cunningham, Jr., Mobile, Ala., for Armstrong and Lamb.

Before THORNBERRY, FAY and HATCHETT, Circuit Judges.


THORNBERRY, Circuit Judge:

In these cases, appellant raises important questions about the allocation of jurisdiction between federal and state courts in removal cases and about the justiciability of anticipatory claims for contribution and indemnity. Specifically, appellant asks this Court to decide when a defendant may remove a maritime "saving to suitors" case to federal court; appellant also asks us to determine when a contribution and indemnity suit in anticipation...

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