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AFRAN TRANSPORT COMPANY v. S/S TRANSCOLORADO

No. 71-1834.

468 F.2d 772 (1972)

AFRAN TRANSPORT COMPANY, as Owner of the S/S CABIMAS, Plaintiff-Appellee, v. The S/S TRANSCOLORADO, Hudson Waterways Corporation, Defendant-Appellant, Panama Canal Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 18, 1972.

Attorney(s) appearing for the Case

Max Taylor, New York City, Roy Phillipps, Balboa, Canal Zone, for defendant-appellant.

DeCastro & Robles, Balboa, Canal Zone, Joseph C. Smith, New York City, for Afran.

Dwight A. McKabney, John L. Haines, Jr., Balboa Heights, Canal Zone, for Panama Co.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

ON PETITION FOR REHEARING OF 458 F.2d 164

PER CURIAM:

As the sole party seeking rehearing Panama Canal Company contends that the rule of divided damages1 implicit in our holding of mutual fault on the part of the S/S Transcolorado and S/S Cabimas, should here give way to the comparative negligence standard which is applicable in direct actions against the Panama Canal Company by virtue of 2 Canal...

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