DOW CHEMICAL CO. v. ASHLAND OIL, INC.

No. 76-1328.

579 F.2d 902 (1978)

The DOW CHEMICAL COMPANY, Plaintiff-Appellant, v. ASHLAND OIL, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 5, 1978.


Attorney(s) appearing for the Case

Robert F. Kennon, Jr., Baton Rouge, La., Robert Eikel, Houston, Tex., for plaintiff-appellant.

Donald L. King, New Orleans, La., for Thomas Petroleum Transit.

Before BROWN, Chief Judge, GEWIN and TJOFLAT, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Dow Chemical Company (Dow) filed suit to recover for cargo lost from a barge owned by a division of Ashland Oil (Ashland). The District Court Judge struggled with a contract of affreightment containing several inconsistent, if not contradictory, clauses and, with what we imagine to have been a jurisprudential sigh of relief, picked out one clause, found it controlling, and granted summary judgment in favor of Ashland. Dow appeals.

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