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COMMERCE OIL CORPORATION v. DIXIE CARRIERS

No. 16919.

252 F.2d 386 (1958)

COMMERCE OIL CORPORATION, Appellant, v. DIXIE CARRIERS, Inc., owner of Barge THE DXE-78, Appellee.

United States Court of Appeals Fifth Circuit.

February 28, 1958.

Attorney(s) appearing for the Case

Henry J. Read, Montgomery, Barnett, Brown & Read, New Orleans, La., for appellant.

Geo. B. Matthews, Lemle & Kelleher, New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and HANNAY, District Judge.

HANNAY, District Judge.

This is an appeal from a decree dismissing a libel filed by the Appellant, the owner of a shipment of lubricating oil, against Appellee, to recover damages sustained to the cargo shipped by a barge, which departed June 1, 1951, at about 10:00 P.M., in tow of Appellee's Tug Ben B, from Goodhope, Louisiana, to Houston, Texas.

The contract of carriage relieved the Appellee from liability for cargo loss or damage if it exercised due diligence...

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