# Empire Seafoods, Inc. v. Anderson

> Court of Appeals for the Fifth Circuit · March 18, 1968 · 398 F.2d 204

URL: https://www.frixlaw.com/law-library/cases/8879129

## Case

- **Full name:** EMPIRE SEAFOODS, INC., Appellant-Appellee v. Carl R. ANDERSON, Appellees-Appellants Carl R. ANDERSON and Gerritt A. Gates, Appellants-Appellees v. EMPIRE SEAFOODS, INC., Appellee-Appellant CLEARY BROS. CONSTRUCTION COMPANY, Appellant-Appellee v. EMPIRE SEAFOODS, INC., Appellees-Appellants
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** March 18, 1968
- **Citations:** 398 F.2d 204; 1968 A.M.C. 2664
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Dyer
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8879129

## How later opinions describe it (automated extraction)

- observing that with regard to the divided damages rule for mutual fault, "[t]he authorities state the rule in terms of 'innocent third parties.'... [W]e are convinced that the reduction of [the contributorily-negligent plaintiffs'] respective recoveries under the comparative n…

## Opinion text

ON PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8879129. Public record. Not legal advice.