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NICARAGUAN LONG LEAF PINE LUMBER CO. v. MOODY

No. 14587.

211 F.2d 715 (1954)

NICARAGUAN LONG LEAF PINE LUMBER CO., Inc., v. MOODY. THE WILLIAM G. OSMENT.

United States Court of Appeals Fifth Circuit.

March 31, 1954.

Attorney(s) appearing for the Case

Douglas D. Batchelor, David W. Dyer, and Smathers, Thompson, Maxwell & Dyer, all of Miami, Fla., for appellant.

Walter Humkey and Fowler, White, Gillen, Yancey & Humkey, all of Miami, Fla., for appellee.

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

RIVES, Circuit Judge.

This was a libel in admiralty now based solely upon the law of general average. The first count alleging negligence on the part of the vessel was dismissed by the district court and no appeal is taken from that decision. The second count sought a general average contribution from the vessel for the jettison of the deck cargo. The district court held that since the libelant had failed to prove negligence, it was precluded from any recovery by...

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