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MATTER OF UNTERWESER REEDEREI

No. 27497.

446 F.2d 907 (1971)

In the Matter of the Complaint of UNTERWESER REEDEREI, GmBH. ZAPATA OFF-SHORE COMPANY, Plaintiff-Appellee, v. M/S BREMEN and Unterweser Reederei, GmBH, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 28, 1971.

Attorney(s) appearing for the Case

David C. G. Kerr, of MacFarlane, Ferguson, Allison & Kelly, Jack C. Rinard, Tampa, Fla., Warren M. Faris, of Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, J. Y. Gilmore, Jr., New Orleans, La., for appellants.

Dewey R. Villareal, Jr., of Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, Fla., James K. Nance, of Baker, Botts, Shepherd & Coates, Houston, Tex., for appellee.

Before JOHN R. BROWN, Chief Judge, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

PER CURIAM:

Upon consideration of this cause en banc the Court adopts the majority opinion and judgment of the panel, 428 F.2d 888 (5th Cir. 1970).

WISDOM, Circuit Judge, dissenting, joined by Judges Thornberry, Goldberg, Godbold, Simpson and Clark:

Again I feel impelled to dissent in this case. It is incredible that a court should fail to honor an agreement between a foreign...

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