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IN RE COMPLAINT & PETITION OF INT. MARINE DEVEL. CORP.

No. 71-2337 Summary Calendar.

451 F.2d 763 (1971)

In the Matter of: The COMPLAINT AND PETITION OF INTERNATIONAL MARINE DEVELOPMENT CORP., a Liberian Corp., as Owners of the SS HULDA, in a Cause of Exoneration from or Limitation of Liability, Civil and Maritime. PRESIDENT OF INDIA and the India Supply Mission, Claimant-Appellant, v. INTERNATIONAL MARINE DEVELOPMENT, a Liberian Corp., Appellee.

United States Court of Appeals, Fifth Circuit.

November 22, 1971.

Attorney(s) appearing for the Case

C. W. Ford, Pascagoula, Miss., Robert E. Meshell, Baker, Nelson, Williams & Mitchell, New York City, for claimant-appellant India Supply Mission.

E. S. "Ned" Nelson, Pascagoula, Miss., George F. Wood, Mobile, Ala., Thomas L. Jones, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., Bryan, Gordon, Nelson & Allen, Pascagoula, Miss., Pillans, Reams, Tappan, Wood & Roberts, Mobile, Ala., Robert E. Hauberg, U. S. Atty., Jackson, Miss., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

The question posed in this appeal is whether a vessel owner is under a duty to transship, salvage or off-load and redeliver cargo aboard a vessel after termination by reason of frustration of a charter party contract of private carriage. The district court, D.C., 328 F.Supp. 1316, held that the cargo owner was not entitled to recover. We affirm.

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