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CUMMINS SALES & SERVICE, INC. v. LONDON & OVERSEAS INS. CO.

No. 28600.

476 F.2d 498 (1973)

CUMMINS SALES & SERVICE, INC., Plaintiff-Appellee-Cross Appellant, v. LONDON AND OVERSEAS INSURANCE COMPANY and Provincial Insurance Company Defendants-Appellees-Cross Appellants, v. DEUTSCHE DAMPFSCHIFF. GES. "HANSA", Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 17, 1973.

Attorney(s) appearing for the Case

Robert M. Julian, Houston, Tex., for defendant-appellant-cross appellee.

Jon W. Montague, Houston, Tex., for defendants-appellees-cross appellants.

Philip C. Wrangle, Houston, Tex., for plaintiff-appellee-cross appellant.

Before GEWIN, THORNBERRY and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 17, 1973.

THORNBERRY, Circuit Judge:

Cummins Sales and Service, Inc., brought this suit in admiralty to recover for damage to cargo that was insured by defendants London and Overseas Insurance Company and Provincial Insurance Company ("Underwriters") and that was shipped from Tripoli, Libya, to Houston, Texas, aboard the M/S GOLDENFELS, a vessel owned by defendant Deutsche Dampfschiff. Ges. "Hansa" ("Hansa"). On an...

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