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T. J. STEVENSON & CO., INC. v. 81,193 BAGS OF FLOUR

No. 77-2523.

629 F.2d 338 (1980)

T. J. STEVENSON & CO., INC., a corporation, Plaintiff and Counterclaimant, Appellee-Cross-Appellant, v. 81,193 BAGS OF FLOUR, etc., Defendant. ADM MILLING CO., INC., Defendant, Counterclaimant & Third Party Plaintiff-Appellant, Cross-Appellee, v. T. J. STEVENSON & CO., INC., MV NEDON, etc., Defendants as to Counterclaim, Republic of Bolivia, Ministry of Industry, Commerce and Tourism, Third Party Defendant Counterclaimant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

October 27, 1980.

Attorney(s) appearing for the Case

R. M. Crowe, Mobile, Ala., A G. V. Parker, Cranford, N. J., for ADM Milling.

George F. Wood, Sidney H. Schell, Mobile, Ala., for T. J. Stevenson.

Alex T. Howard, Jr., Thomas S. Rue, Mobile, Ala., for Ministry of Industry & Tourism, Republic of Bolivia.

Before BROWN, HILL and RANDALL, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

With this decision we hopefully end, in all but a minor respect, an amphibious imbroglio1 and commercial law practitioner's nightmare involving three shiploads of enriched wheat flour.2 By a coincidence in this confusing case, each shipload of flour became infested, to varying degrees, with confused (triboleum confusam) and red rust (triboleum casteneum) flour beetles...

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