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SOMMER CORPORATION v. UNITED FRUIT COMPANY

No. 73-1147 Summary Calendar.

479 F.2d 1131 (1973)

SOMMER CORPORATION, Plaintiff, v. UNITED FRUIT COMPANY, Defendant-Third Party Plaintiff-Appellee, v. PANAMA CANAL COMPANY, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 1973.

Attorney(s) appearing for the Case

Dwight A. McKabney, Gen. Counsel, John L. Haines, Jr., Earl R. McMillin, Attys., Balboa Heights, C. Z., for defendant-appellant.

Roy Phillipps, Balboa, Canal Zone, C. Brooks Morris, New Orleans, La., for plaintiff-appellee.

Henry L. Newell, Balboa, Canal Zone, for Sommer Corp.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

PER CURIAM :

Sommer Corporation sued United Fruit Company to recover damages to cargo shipped aboard United's vessel, the HAR BOKER. Damage to at least one piece of cargo occurred during loading operations by stevedores and longshoremen in the employ of the Panama Canal Company. United tendered defense of Sommer's suit to the Canal Company but this offer was rejected. United then impleded the company as third party defendant.

The United States District Court...

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