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COMPANIA ANONIMA VENEZOLANA DE NAV. v. A. J. PEREZ EXP. CO.

No. 19117.

303 F.2d 692 (1962)

COMPANIA ANONIMA VENEZOLANA DE NAVEGACION (Venezuelan Line), Appellant, v. A. J. PEREZ EXPORT COMPANY, etc., and Tyler Refrigeration Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 17, 1962.

Attorney(s) appearing for the Case

James J. Morrison, Gloria Irvine, New Orleans, La., for appellant.

Raymond H. Kierr, Samuel C. Gainsburgh, Kierr & Gainsburgh, New Orleans, La., for appellees.

Before RIVES, BROWN, and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

While the case ostensibly presents the question whether a common carrier by water may ever estop itself by inequitable conduct from exacting the full measure of the shipper's obligation to pay tariff charges, the true nature shows it to be something quite different. What it really is, is a contest of equities, not between the carrier and a shipper, but between a subrogee of a carrier and that shipper. Without quite putting the case in...

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