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CHALLENGER, INC. v. DURNO

No. 15336.

227 F.2d 918 (1955)

CHALLENGER, Inc., Appellant, v. Robert S. DURNO, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 10, 1956.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, Franklin S. Dodd, Brownsville, Tex., for appellant.

Paul Y. Cunningham, Brownsville, Tex., Sharpe, Cunningham & Garza, Brownsville, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

BROWN, Circuit Judge.

Durno (Libelant — Appellee) after inspection of the vessel in its run-down state virtually abandoned in the port of Belize, British Honduras, and personal verification that "the boat had no value * * * practically no value", failing in his effort to buy the shrimp vessel Challenger for $4,500.00, then purchased on June 6, 1952, for the sum of $3,000.00 the outstanding promissory note of the face amount of $9,000.00 (then in substantial...

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