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PAYNE v. SS TROPIC BREEZE

No. 7065.

412 F.2d 707 (1969)

Richard A. PAYNE et al., Plaintiffs, Appellees, v. SS TROPIC BREEZE, her engines, boilers, furniture, apparel, appliances, appurtenances, equipment, etc., Defendant, and Tropical Commerce Corp., Intervenor, Appellant.

United States Court of Appeals First Circuit.

May 28, 1969.

Attorney(s) appearing for the Case

David I. Gilchrist, New York City, with whom Eli Ellis, New York City, was on brief, for appellant.

Anthony N. Zock, New York City, with whom Richard C. Lewis and Street & Greenfield, Miami, Fla., were on brief, for National Western Life Ins. Co., appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Tropical Commerce Corporation, in February 1966, entered into a time charter agreement with Southern Seas Shipping Corporation, owner of the Vessel SS Tropic Breeze. Provision was made for installation by Tropical of cement loading, bagging and discharging equipment, reserving title thereto but with the obligation to remove at the termination of the charter and "make the necessary restorations." By the charter's terms, Tropical was required to...

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