TRI-CONTINENTAL FIN. CORP. v. TROPICAL M. ENTERPRISES

No. 17543.

265 F.2d 619 (1959)

TRI-CONTINENTAL FINANCIAL CORPORATION, Appellant, v. TROPICAL MARINE ENTERPRISES, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 8, 1959.


Attorney(s) appearing for the Case

Albert R. Connelly, New York City, Arthur W. Milam, Jacksonville, Fla., Claude Pepper, Miami, Fla. (John D. Calhoun, Donald Cronson, John F. Hunt, Jr., Cravath, Swaine & Moore, New York City, Milam, LeMaistre, Ramsay & Martin, Jacksonville, Fla., of counsel), for appellant.

William Alonzo Carter, John W. Ball, Jacksonville, Fla. (Adair, Ulmer, Murchison, Kent & Ashby, Jacksonville, Fla., of counsel), for Owens-Illinois Glass Co.

Harold B. Wahl, Jacksonville, Fla., J. Franklin Fort, Washington, D. C., Marshall S. Scott, Stuart W. Patton, Miami, Fla. (Loftin & Wahl, Jacksonville, Fla., Kominers & Fort, Washington, D. C., of counsel), for West India Fruit & Steamship Co., Inc., and others.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


HUTCHESON, Chief Judge.

Appealing from a summary judgment entered in a proceeding to foreclose a mortgage on a vessel, the Abaco Queen, plaintiff-appellant, challenging as erroneous the findings and conclusions1 of the district judge, that the restrictive covenant in the bill of sale to the Queen against its use in the specified trade was valid and of binding force against the mortgagee and any...

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