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COOK INDUSTRIES, INC. v. BARGE UM-308

No. 78-2797.

622 F.2d 851 (1980)

COOK INDUSTRIES, INC., Plaintiff-Appellant Cross-Appellee, v. BARGE UM-308, her tackle, apparel, etc., in rem, Defendant, Upper Mississippi Towing Corporation, in personam, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 1980.

Attorney(s) appearing for the Case

Thomas W. Thorne, Jr., New Orleans, La., for plaintiff-appellant cross-appellee.

Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, J. Y. Gilmore, Jr., New Orleans, La., for defendant-appellee cross-appellant.

Before FAY, KRAVITCH and RANDALL, Circuit Judges.

FAY, Circuit Judge:

This appeal concerns the proper measure of damages to compensate a shipper for injury to a cargo of soybeans aboard a carrier's vessel en route from Oklahoma to Louisiana. The shipper accepted the cargo of deteriorating soybeans, blended the beans with a higher grade of soybean, and sold the blend at a price equal to the original market value of the cargo. The shipper then sued the carrier for damages. The district court found the carrier liable...

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