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EMMCO INSURANCE CO. v. WALLENIUS CARIBBEAN LINE, S.A.

No. 73-1895.

492 F.2d 508 (1974)

EMMCO INSURANCE COMPANY, Plaintiff-Appellant, v. WALLENIUS CARIBBEAN LINE, S.A., Defendant-Third Party Plaintiff-Appellee, v. GULFSTREAM SHIPPING CORPORATION, Third Party Defendant.

United States Court of Appeals, Fifth Circuit.

April 12, 1974.

Attorney(s) appearing for the Case

F. Lawrence Matthews, William C. Cramer, Miami, Fla., for plaintiff-appellant.

Frank J. Marston, Miami, Fla., for Wallenius Caribbean Line.

Mercer K. Clarke, Miami, Fla., for Gulfstream Shipping.

Before TUTTLE, GEWIN and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

This is a suit for damages for breach of contract by the insurer, Emmco Insurance Company, who has been subrogated to the rights of the consignee, Quality Sales Corporation (Quality), against the carrier, Wallenius Caribbean Line (WCL).1

The district court held under the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1300 et seq., that the plaintiff had failed to carry its burden of proof (1) on liability...

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