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PEREZ v. CIA TROPICAL EXPORTADORA

No. 13056.

182 F.2d 874 (1950)

PEREZ et al. v. CIA TROPICAL EXPORTADORA, LTDA., OF COSTA RICA. THE AVELINA.

United States Court of Appeals Fifth Circuit.

June 23, 1950.

Attorney(s) appearing for the Case

William F. Parker, Miami, Fla., for appellant.

Walter Humkey, Miami, Fla., Cody Fowler, Miami, Fla., for appellee.

Before HOLMES, WALLER and BORAH, Circuit Judges.

WALLER, Circuit Judge.

Appellants, Perez, et al., demised the ship Avelina to a foreign corporation, Distribuidora Internacional de Bananos, S. A., under a bare-boat charter. The Distribuidora Company manned The Avelina with crew and master and put her in service transporting bananas for appellee. While so engaged on a run between Costa Rica and Miami, a navigational error by her master carried The Avelina off course, resulting in a 36 hour delay and consequent spoilage...

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