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SALTER MARINE, INC. v. CONTI CARRIERS & TERMINALS

Nos. 81-1822, 81-1851.

677 F.2d 388 (1982)

SALTER MARINE, INC. and C&P Towing Co., Inc., Appellees, v. CONTI CARRIERS AND TERMINALS, INC. and Continental Grain Co., Appellees, and ALLIED TOWING CORPORATION, Claimant, v. SOUTHERN STATES COOPERATIVE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1982.

Attorney(s) appearing for the Case

William B. Eley, Norfolk, Va. (Eley, Rutherford & Leafe, Norfolk, Va., on brief), for appellant/cross-appellee.

Walkley E. Johnson, Jr., Norfolk, Va. (Crenshaw, Ware & Johnson, Norfolk, Va., on brief), and Philip N. Davey, Norfolk, Va. (Richard T. Robol, Seawell, Dalton, Hughes & Timms, Norfolk, Va., on brief), for appellees/cross-appellants.

Before MURNAGHAN, ERVIN and CHAPMAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

On February 8, 1979, the Tug Evelyn, owned by Salter Marine, Inc. and bareboat chartered to C&P Towing, Inc., took in tow at Norfolk, Virginia, the Barge CNC-504, owned by Conti Carriers and Terminals, Inc., a wholly owned subsidiary of Continental Grain Company. The tug proceeded to the grain loading facility of Southern States Cooperative at Seaford, Delaware where it was to take on a cargo of soybeans purchased by Continental from...

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