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GOODPASTURE, INC. v. M/V POLLUX

No. 79-2507.

602 F.2d 84 (1979)

GOODPASTURE, INC., Plaintiff-Appellant Cross-Appellee, v. M/V POLLUX, etc., Defendant-Appellee Cross-Appellant, Negocios del Mar, S. A., Defendant-Third-Party Plaintiff-Appellee Cross-Appellant. EMPAC GRAIN CO., etc., Defendant-Appellee Cross-Appellant, v. A SHIPMENT OF WHEAT OF 19,067.949 METRIC TONS PRESENTLY ON-BOARD the M/V POLLUX, in rem, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 18, 1979.

Attorney(s) appearing for the Case

Michael D. Sydow, Houston, Tex., for plaintiff-appellant cross-appellee.

E. D. Vickery, Kenneth D. Kuykendall, Houston, Tex., for Negocios del Mar.

John R. Pearson, Houston, Tex., for Empac Grain Co.

Before WISDOM, CLARK and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 18, 1979.

GEE, Circuit Judge:

The facts of this unfortunate case present a maritime version of the eternal triangle, one in which the difficulties arising between each of the three (or perhaps four or five) actors transcend their relationship to bedevil the others.

Plaintiff Goodpasture, Inc. is a Texas corporation that deals in wheat. Defendant M/V POLLUX, an oceangoing vessel engaged in commerce upon...

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