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PORT ARTHUR TOWING CO. v. MISSION INS. CO.

No. 78-2731.

623 F.2d 367 (1980)

PORT ARTHUR TOWING COMPANY, Plaintiff-Appellee, v. MISSION INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 7, 1980.

Attorney(s) appearing for the Case

Ashton R. O'Dwyer, Jr., New Orleans, La., for defendant-appellant.

Long & Parker, Carl A. Parker, Port Arthur, Tex., for plaintiff-appellee.

Before FAY, KRAVITCH and RANDALL, Circuit Judges.

KRAVITCH, Circuit Judge:

In this diversity action the district court rendered judgment for the plaintiff-appellee based upon an insurance contract with the appellant. Because the action was commenced after the contractually provided limitations period, however, we reverse.

On December 31, 1973, the Mission Insurance Company (Mission) issued an insurance policy to Port Arthur Towing Company (Port Arthur) covering damages to scheduled vessels. The contract was...

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