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ATLANTIC RICHFIELD CO. v. UNITED STATES

No. 79-2796.

640 F.2d 759 (1981)

ATLANTIC RICHFIELD COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, Commodity Credit Corporation, Defendant.

United States Court of Appeals, Fifth Circuit. Unit A

March 27, 1981.

Attorney(s) appearing for the Case

Douglas N. Letter, William Kanter, Appellate Staff, Civil Div., U. S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Baker & Botts, Randy J. McClanahan, Houston, Tex., for plaintiff-appellee.

Before AINSWORTH, CHARLES CLARK and WILLIAMS, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The United States appeals from a judgment holding it liable under the general average doctrine for a portion of the expense of repairing a ship that was carrying its cargo. We affirm.

The United States, in January 1973, acting through the Commodity Credit Corporation, contracted with the Atlantic Richfield Company (ARCO) to ship 1.7 million bushels of wheat to Bangladesh on the SS ATLANTIC HERITAGE. In the process of changing...

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