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TRI-CONTINENTAL FINANCIAL CORPORATION v. TROPICAL MARINE ENTERPRISES

Civ. No. 3726.

164 F.Supp. 1 (1958)

TRI-CONTINENTAL FINANCIAL CORPORATION, a corporation, Plaintiff, v. TROPICAL MARINE ENTERPRISES, Inc., a corporation, TMT Trailer Ferry, Inc., a corporation, and Gibbs Corporation, a corporation, Defendants, Owens-Illinois Glass Company, a corporation, Intervenor, West India Fruit & Steamship Co., Inc., a corporation, Impleaded Defendant.

United States District Court S. D. Florida, Jacksonville Division.

July 26, 1958.

Attorney(s) appearing for the Case

Arthur W. Milam, Milam, LeMaistre, Ramsay & Martin, Jacksonville, Fla., Claude Pepper, Miami, Fla., Carl W. Painter, Cravath, Swaine & Moore, New York City, for plaintiff.

Jones & Foerster, Jacksonville, Fla., Patton & Kanner, Miami, Fla., for defendant Tropical Marine Enterprises, Inc.

Marshall S. Scott, Scott, McCarthy, Preston, Steel & Gilleland, Miami, Fla., for defendant Gibbs Corp.

Wm. Alonzo Carter, Adair, Ulmer, Murchison, Kent & Ashby, Jacksonville, Fla., for intervenor Owens-Illinois Glass Co.

Harold B. Wahl, Loftin & Wahl, Jacksonville, Fla., J. Franklin Fort, Kominers & Fort, Washington, D. C., for impleaded defendant West India Fruit & Steamship Co.

SIMPSON, District Judge.

This cause coming on to be heard on plaintiff's motion for summary judgment (filed May 27, 1958) and the various pleadings herein, and the Court, after due notice, having heard full argument, and having considered the pleadings, affidavits and briefs herein, finds as follows:

1. Impleaded defendant West India Fruit & Steamship Co., Inc., chiefly engaged in car ferry operations between the United States and Cuba, sold the vessel...

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