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LORETO COMPANIA NAVIERA, S.A. v. BRADLEY AND BAKER

No. 22642.

382 F.2d 980 (1966)

LORETO COMPANIA NAVIERA, S.A., as Owner of the SS LAMYREFS, Appellant, v. BRADLEY AND BAKER and Centraal Stikstof Verkoopkantoor, N.V., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 9, 1967.

Attorney(s) appearing for the Case

John H. Tappan, Mobile, Ala., Pillans, Reams, Tappan, Wood & Roberts, Mobile, Ala., of counsel, for appellant.

Charles Kohlmeyer, Jr., Lemle & Kelleher, New Orleans, La., for appellees.

Before JONES and COLEMAN, Circuit Judges, and JOHNSON, District Judge.

COLEMAN, Circuit Judge.

In this appeal we must settle the liability of a cargo owner in consequence of two charter contracts, conflicting in various material stipulations, the second of which the cargo owner did not sign, for the use of a vessel to transport a cargo of fertilizer from Rotterdam to American Gulf ports. Under the facts which are to be discussed, the District Judge declined to hold either the owner, or the cargo, to any greater liability than that assumed...

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