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MAGNUM MARINE v. KENOSHA AUTO TRANSPORT CORP.

No. 72-3635 Summary Calendar.

481 F.2d 933 (1973)

MAGNUM MARINE, a Division of American Photocopy Equipment Company, for the use and benefit of Fireman's Fund Insurance Company, Plaintiff-Appellee, v. KENOSHA AUTO TRANSPORT CORPORATION et al., Defendants, Eller & Company, Inc., Defendant-Appellant-Cross Appellee, Sidarma Societe Italiana di Armento S.p.a., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 16, 1973.

Attorney(s) appearing for the Case

J. James Donnellan III, George O. Mitchell, Miami, Fla., for Eller & Co., Inc.

Frank J. Marston, Miami, Fla., for Sidarma.

E. S. Corlett III, Miami, Fla., for American Photo.

Richard L. Horn, Miami, Fla., for Kenosha.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 16, 1973.

PER CURIAM:

The principal question in this federal maritime case is which one of two joint tortfeasors must ultimately bear the responsibility for the damages they admittedly caused. The case arose when a pleasure boat owned by Magnum Marine was damaged while being loaded upon the S. S. Francesco Morosini. Magnum Marine brought suit against Sidarma Societe Italiana di Armento S.p.a. (Sidarma), the owner...

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