YORK-SHIPLEY, INC. v. ATLANTIC MUTUAL INS. CO.

No. 72-2361.

474 F.2d 8 (1973)

YORK-SHIPLEY, INC., Plaintiff-Appellee, v. ATLANTIC MUTUAL INSURANCE COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 23, 1973.


Attorney(s) appearing for the Case

Roland R. Parent, Miami, Fla., Joseph J. Magrath, New York City, for defendants-appellants.

Adams, George & Wood, Miami, Fla., for Atlantic Mut. Ins. Co.

Thomas J. Schulte, Suarez, Carricarte & Freire, Miami, Fla., for Int'l Fwdrs.

Before BELL and THORNBERRY, Circuit Judges, and GROOMS, District Judge.


PER CURIAM:

In this cargo insurance case, the district court found that at the time of the damage, the plaintiff-appellee, York-Shipley, Inc., was the owner of the boiler in question. This was clearly erroneous since the cargo was shipped C.I.F. port of destination. Title to the boiler passed to the consignee when it was shipped from Miami in accordance with the terms of the contract. York-Shipley had no property rights in the boiler at the time it was damaged, and...

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