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SPARTUS CORP. v. S/S YAFO

No. 76-1691.

590 F.2d 1310 (1979)

SPARTUS CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. The S/S YAFO, her engines, tackle, etc., in rem, and Defendant. ZIM ISRAEL NAVIGATION COMPANY, LTD., in personam, Defendant-Third-Party Plaintiff-Appellant, Cross-Appellee, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 7, 1979.

Attorney(s) appearing for the Case

James L. Schupp, Jr., Benjamin W. Yancey, New Orleans, La., for defendant-third party plaintiff-appellant and S/S Yafo.

Brunswick G. Deutsch, New Orleans, La., for Spartus Corp.

Harry McCall, Jr., Gerald D. Wasserman, New Orleans, La., for Louisville & Nashville Railroad Co.

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge:

In the proceedings below, the district court entered judgment in favor of Spartus Corporation (Spartus) against Zim Israel Navigation Company, Ltd. (Zim) in personam and against Zim's vessel, the S/S Yafo, in rem for $83,939.36 in damages sustained to a shipment of clock movements while in transit from Ashod, Israel, to Louisville, Mississippi. On Zim's third-party indemnity claim against the Louisville and Nashville Railroad (L &...

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