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COOPER v. PINEDO

No. 14580.

212 F.2d 137 (1954)

COOPER et al. v. PINEDO. THE ZESTA.

United States Court of Appeals Fifth Circuit.

April 15, 1954.

Attorney(s) appearing for the Case

Cody Fowler, Walter Humkey, Miami, Fla., Fowler, White, Gillen, Yancey & Humkey, Tampa, Fla., of counsel, for appellant.

Douglas D. Batchelor, David W. Dyer, Miami, Fla., advocates, Smathers, Thompson, Maxwell & Dyer, Miami, Fla., proctors, for appellee.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.

RIVES, Circuit Judge.

This admiralty libel in rem was brought by the sub-charterers of the M/V "Zesta" against its owners to recover damages to a cargo of bananas, it being alleged that the loss resulted by reason of the vessel's unseaworthiness, her unfitness to carry the cargo, and the negligence of her master and crew.1 At the trial it was agreed that the issue of liability should be governed by the terms of the original charter...

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