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ESSO INTERNATIONAL, INC. v. SS CAPTAIN JOHN

No. 30133.

443 F.2d 1144 (1971)

ESSO INTERNATIONAL, INC., Plaintiff-Appellee-Cross Appellant, v. The SS CAPTAIN JOHN, her Engines, etc., Defendant, Bright Star Steamship Company, Inc., Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

May 26, 1971.

Attorney(s) appearing for the Case

Robert Eikel, Eikel & Goller, Houston, Tex., for defendants,-appellant, appellee Bright Star Steamship Co., Inc.

Jack L. Allbritton, E. V. Greenwood, Houston, Tex., for Esso International, Inc., Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel.

Before SKELTON, Judge, and MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This admiralty action concerns the propriety of the imposition of in rem and in personam liability against the vessel SS CAPTAIN JOHN and its owner, Bright Star Steamship Co., Inc. (Bright Star), in favor of Esso International, Inc. (Esso), a supplier of marine fuels and lubricants. The issues in this appeal are:

a) Did Bright Star authorize J. S. Gissel & Co. (Gissel & Co.) to bind it to pay for marine fuels and lubricants furnished...

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