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J. RAY McDERMOTT AND COMPANY v. VESSEL MORNING STAR

No. 28496

431 F.2d 714 (1970)

J. RAY McDERMOTT AND COMPANY, Inc., Plaintiff-Appellee, Cross Appellant, v. The VESSEL MORNING STAR et al., etc., the Fish Meal Company, Harvey W. Smith, Defendants-Appellants, Cross Appellees, and Texas Menhaden Company, Intervenor-Appellant, Cross Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1970.

Attorney(s) appearing for the Case

Frank J. Peragine, William S. Stone, New Orleans, La., Bryan J. McGinnis, Beaumont, Tex., for appellants.

Dave McNeill, Jr., Robert M. Julian, Houston, Tex., Neal D. Hobson, Kennedy J. Gilly, New Orleans, La., for appellee.

Before BELL, COLEMAN, and AINSWORTH, Circuit Judges.

COLEMAN, Circuit Judge:

This appeal presents a contractual Humpty Dumpty which no court could ever put together again. By failing in advance to protect themselves from the consequences of serious errors of judgment, the litigants have taken costly falls from a wall of their own making. They have repaired to the courts for succor, but there are situations which no court can cure. Adding to the pain of past misfortunes, we are compelled to reverse the judgment of the...

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