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CARBON BLACK EXPORT v. THE SS MONROSA

No. 16667.

254 F.2d 297 (1958)

CARBON BLACK EXPORT, Inc., Appellant, v. THE SS MONROSA, Her Engines, Tackle, Etc., and Navigazione Alta Italia, Appellees.

United States Court of Appeals Fifth Circuit.

April 18, 1958.

Attorney(s) appearing for the Case

Carl G. Stearns, Houston, Tex. (Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., Hill, Rivkins, Middleton, Louis & Warburton, New York City, of counsel), for appellant.

E. D. Vickery, George W. Renaudin, Houston, Tex., (Royston & Rayzor, Houston, Tex., of counsel), for appellees.

Before BORAH, TUTTLE and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

This appeal presents the question whether the court below correctly declined jurisdiction (on the ground that the bills of lading vested exclusive jurisdiction in Italian Courts) of a libel for damages to and nondelivery of cargo, brought by an American citizen against the ship upon which the cargo was loaded and against the owner of the ship. In December, 1955, the libelant, Carbon Black Export, Inc., a manufacturer and exporter of carbon...

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