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ALLSTATE INS. CO. v. INVERSIONES NAVIERAS IMPARCA

No. 80-5071.

646 F.2d 169 (1981)

ALLSTATE INSURANCE COMPANY, a corporation and Delta Overseas, Inc., a corporation, Plaintiffs-Appellants, v. INVERSIONES NAVIERAS IMPARCA, C.A., d/b/a Imparca Lines, a foreign corporation and the M/V "Tamanaco", its engines, tackle, appurtenances, etc., in Rem., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

May 26, 1981.

Attorney(s) appearing for the Case

Richard R. McCormack, Miami, Fla., for plaintiffs-appellants.

Gerhardt A. Schreiber, Miami, Fla., for defendants-appellees.

Before JONES, HILL and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

Once again we are called upon "to determine what Congress would have thought about a subject about which it never thought or could have thought and one about which we have never thought .... Technology has created a maritime transportation system unlike any which was in existence in 1936 when Congress enacted" the Carriage of Goods by Sea Act ("COGSA"). Wirth Ltd. v. S/S Acadia Forest, 537 F.2d 1272

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