INDUSTRIAL Y FRUTERA COLOMBIANA, S. A. v. THE BRISK

No. 13672.

195 F.2d 1015 (1952)

INDUSTRIAL Y FRUTERA COLOMBIANA, S. A., v. THE BRISK et al.

United States Court of Appeals Fifth Circuit.

April 15, 1952.


Attorney(s) appearing for the Case

Harry F. Stiles, Jr., New Orleans, La., Walter F. Rogers, Jacksonville, Fla., George B. Warburton, New York City, for appellant.

Reuben Ragland, Louis Kurz, Jacksonville, Fla., for appellees.

Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.


STRUM, Circuit Judge.

Appellant libeled the motor vessel "Brisk" in the court below to recover the value of a cargo of bananas, the property of libellant, lost by spoilage due to the leaky condition of said vessel while being transported from the Republic of Columbia to New York City.

The trial court declined jurisdiction and dismissed the libel because all parties to the controversy are foreign nationals, libellant being a Columbian corporation, the claimant...

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