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CARGILL, INC. v. COMPAGNIE GENERALE TRANSATLANTIQUE

No. 15919.

235 F.2d 240 (1956)

CARGILL, Inc., Appellant, v. COMPAGNIE GENERALE TRANSATLANTIQUE, as Owner and Operator of THE S. S. CAVALIER DE LA SALLE and Commodity Credit Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

June 30, 1956.

Attorney(s) appearing for the Case

George F. Wood, John H. Tappan, Mobile, Ala., Pillans, Reams, Tappan, Wood & Roberts, Mobile, Ala., of counsel, for appellant.

T. K. Jackson, Jr., Mobile, Ala., John W. Sims, New Orleans, La., Keener T. Blackmarr, Asst. U. S. Atty., Mobile, Ala., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., and Inge, Twitty, Armbrecht & Jackson, Mobile, Ala., of counsel, for appellees.

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

JOHN R. BROWN, Circuit Judge.

The French Line filed a libel against Cargill, Inc., for demurrage under a freight booking engagement contract for failure of the shipper to have the cargo of grain available in the port for loading on the S. S. Cavalier De La Salle at the specified time. The shipper answered, and then, under the 56th Admiralty Rule1 filed a petition impleading Commodity Credit Corporation on the grain sales contract

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