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ORIENT MID-EAST LINES, INC. v. A SHIPMENT OF RICE, ETC.

No. 73-2096.

496 F.2d 1032 (1974)

ORIENT MID-EAST LINES, INC. and Astronato Cia. Nav. S.A. as interest may appear, Plaintiffs-Appellants-Cross Appellees, v. A SHIPMENT OF RICE now or lately ON BOARD the S S ORIENT TRANSPORTER, In Rem, and The Republic of Vietnam, Tong Cuoc Tiep Te (General Supply Agency) and Cong-Ty Bao Hiem Tai Bao Hiem Vietnam, Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

June 27, 1974.

Attorney(s) appearing for the Case

Kenneth D. Kuykendall, George W. Renaudin, Houston, Tex., Wharton Poor, R. Glenn Bauer, New York City, for plaintiffs-appellants.

Hubert Oxford, III, Beaumont, Tex., John J. Loflin, New York City, for defendants-appellees.

Before RIVES, WISDOM and MORGAN, Circuit Judges.

WISDOM, Circuit Judge :

Damage sustained by the S.S. Orient Transporter draws us into the esoteric world of "general average", the ancient maritime doctrine that "loss for the common benefit which is incurred by one who partakes in a maritime venture should be shared ratably by all who participate in the venture". Cia. Atlantica Pacifica, S.A. v. Humble Oil & Refining Co., D.Md.1967, 274 F.Supp. 884, 891. General average may...

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