ZAJICEK v. UNITED FRUIT COMPANY

No. 29196.

459 F.2d 395 (1972)

Milos ZAJICEK, Plaintiff-Appellee, v. UNITED FRUIT COMPANY, etc., Defendant, Third Party Plaintiff-Appellant, v. PANAMA FREE PORT CORPORATION, Defendant, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 17, 1972.


Attorney(s) appearing for the Case

R. Phillips, Balboa, Canal Zone, Charles E. Dunbar, III, Ronald A. Johnson, New Orleans, La., for United Fruit Co.; Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel.

Harry H. Allen, Jr., Balboa, Canal Zone, for Milos Zajicek.

Woodrow de Castro, Balboa, Canal Zone, for Panama Free Port Corp.

Before JOHN R. BROWN, Chief Judge, and WISDOM and RONEY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Carrier1 prepared for issuance a set of bills of lading covering a shipment of sandal straps from New York to Cristobal, Panama. This set, which we refer to as First Issue, showed the order consignee to be the Panamanian agent of the Peruvian buyer of the goods. Shortly thereafter, to correct misdescription of the goods and to carry out Shipper's2 instructions to change the consignee...

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