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TWENTY GRAND OFFSHORE, INC. v. WEST INDIA CARRIERS, INC.

No. 72-3314.

492 F.2d 679 (1974)

Complaint of Twenty Grand Off-shore, Inc., etc. TWENTY GRAND OFFSHORE, INC., Plaintiff-Appellant, v. WEST INDIA CARRIERS, INC., Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 12, 1974.

Attorney(s) appearing for the Case

G. Morton Good, Miami, Fla., John W. Sims, New Orleans, La., for plaintiff-appellant.

Richard F. Ralph, Miami, Fla., for claimant-appellee.

Before GODBOLD, DYER and GEE, Circuit Judges.

DYER, Circuit Judge:

The question posed by this appeal is whether the provisions of a towage contract, requiring the owners of a tug and tow to fully insure their respective vessels and to obtain in each of the policies a waiver of subrogation and a designation of the other party as an additional insured, are invalid and unenforceable as exculpatory clauses contrary to public policy. The district court found the towage contract invalid and entered judgment for the...

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