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HOLCOMBE v. FERLITA

No. 12627.

181 F.2d 263 (1950)

HOLCOMBE v. FERLITA et al. THE DOROMAR.

United States Court of Appeals Fifth Circuit.

April 25, 1950.

Attorney(s) appearing for the Case

A. Lee Bradford, Miami, Fla., for appellant.

Douglas D. Batchelor, Miami, Fla., Henry N. Longley, New York City, Ezra G. Benedict Fox, New York City, for appellees.

Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

The Motor vessel "Doromar," transporting a cargo of bananas from Cuba to Miami, Florida under charter party1 as a private carrier, while attempting to cross the Bahama Banks, went aground on Guinchos Cay at 1:10 o'clock the morning of August 14, 1947. A portion of the cargo was jettisoned in an attempt to refloat the vessel, and the remainder of the bananas spoiled. The shipper-charterer libelled the Doromar for...

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