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UNION INDUSTRIELLE ET MARITIME v. NIMPEX INTERNAT'L, INC.

Nos. 71-1097, 71-1098.

459 F.2d 926 (1972)

UNION INDUSTRIELLE ET MARITIME, Counter-Plaintiff-Appellant, v. NIMPEX INTERNATIONAL, INC., Counter-Defendant-Appellee. UNION INDUSTRIELLE ET MARITIME, Counter-Plaintiff-Appellee, v. NIMPEX INTERNATIONAL, INC., Counter-Defendant-Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

April 21, 1972.

Attorney(s) appearing for the Case

Bennet B. Harvey, Jr., Robert A. Creamer, Chicago, Ill., David I. Gilchrist, New York City, for Union Industrielle et Maritime; Hill, Betts & Nash, New York City, Price, Cushman, Keck & Mahin, Chicago, Ill., of counsel.

Hervey C. Allen, New York City, Warren A. Jackman, Chicago, Ill., for Nimpex International; Burlingham, Underwood, Wright, White & Lord, New York City, Bradley, Eaton, Jackman & McGovern, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, and GORDON, District Judge.

KNOCH, Senior Circuit Judge.

Counter-Plaintiff-Appellant and Appellee, Union Industrielle Et Maritime, the owner of the vessel JEAN SCHNEIDER, entered into a time charter of its vessel, dated August 23, 1966, with Midland Overseas Shipping Company, for one Great Lakes round voyage from the Continent. The charter provided for time charter hire in semi-monthly installments, payable in advance.

On September 13, 1966, Midland subchartered the vessel to the Counter...

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