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ASSOCIATED METALS & MINERALS CORP. v. SS PORTORIA

No. 73-2332 Summary Calendar.

484 F.2d 460 (1973)

ASSOCIATED METALS & MINERALS CORPORATION, Plaintiff-Appellee, v. SS PORTORIA, her engines, etc., et al., Defendants, Industriale Maritima S.P.A., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 20, 1973.

Attorney(s) appearing for the Case

Kenneth D. Kuykendall, Charles D. Kennedy, Houston, Tex., for Industriale Maritima.

Frank Caton, Houston, Tex., for Cobelfret Lines.

Ralph M. Sharpe, Jr., Houston, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

This appeal raises two questions: (1) whether an in rem judgment was properly entered against the SS PORTORIA even though the vessel was not arrested; and (2) whether the vessel owner, Industriale Maritima S.P.A., is subject to an in personam judgment as a carrier because the voyage sub-charterer of the vessel issued a bill of lading subscribed "signed as per authority of the Master." Because the district court erroneously resolved both these...

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