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POTASH IMPORT AND CHEMICAL CO. v. M/S KLAUS OLDENDORFF

No. 12814.

422 F.2d 818 (1969)

POTASH IMPORT AND CHEMICAL CO., Appellee, v. M/S KLAUS OLDENDORFF, her engines, boilers, etc., in rem, and Egon Oldendorff, in personam, Appellants.

United States Court of Appeals Fourth Circuit.

Decided March 4, 1969.

Rehearing Denied April 10, 1970.

Attorney(s) appearing for the Case

Walter B. Martin, Jr., Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief) for appellants.

Richard I. Gulick and Charles R. Dalton, Jr., Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief) for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.

PER CURIAM:

Potash Import and Chemical Co., cargo owner, obtained a judgment in personam against Egon Oldendorff, the shipowner, and a judgment in rem against the vessel KLAUS OLDENDORFF for damages to a portion of a cargo of sulfate of potash in the vessel's No. 5 hold.1

The district court found on the evidence that the shipowner failed to use due diligence to make the vessel seaworthy before she commenced a voyage from Germany...

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