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IONION STEAMSHIP CO. OF ATHENS v. UNITED DISTILLERS

No. 15811.

236 F.2d 78 (1956)

IONION STEAMSHIP COMPANY OF ATHENS v. UNITED DISTILLERS OF AMERICA, Inc.

United States Court of Appeals Fifth Circuit.

July 20, 1956.

Attorney(s) appearing for the Case

Leon Sarpy, Chaffe, McCall, Phillips, Burke & Hopkins, Leon Sarpy and Donald A. Lindquist, New Orleans, La., for Ionion S. S. Co., appellant.

Francis Emmett, Brunswich G. Deutsch, Deutsch, Kerrigan & Stiles, New Orleans, La., for appellee, Eberhard P. Deutsch, Rene H. Himel, Jr., New Orleans, La., of counsel.

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

JOHN R. BROWN, Circuit Judge.

The District Court, on the cargo owner's libel for damage, held that the strandings of The Ionian Pioneer as she left San Pedro de Macoris, the second of two loading ports under a molasses voyage charter, and again while leaving Nuevitas, Cuba, a claimed port of refuge, were caused by the owner's failure to make the vessel seaworthy. With this fell the shipowner's cross libel for General Average contributions. Defending against these...

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