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IONMAR COMPANIA NAVIERA, S. A. v. OLIN CORP.

No. 79-2912.

666 F.2d 897 (1982)

IONMAR COMPANIA NAVIERA, S.A., as owner of the MOTORSHIP NICOLAOS D.L., Plaintiff-Appellee, Central of Georgia Railroad Company, et al., Defendants-Appellees, v. OLIN CORPORATION, Defendant-Appellant, Appellee, v. SMITH & KELLY COMPANY, Defendant-Appellee, Appellant. CLIMATROL INDUSTRIES, INC., et al., Plaintiffs-Appellees, v. M/V NICOLAOS D.L., et al., Defendants. OLIN CORPORATION, Defendant-Appellant, Appellee, v. SMITH & KELLY COMPANY, Defendant-Appellee, Appellant. CONSOLIDATED BEARING COMPANY PTY., LTD., et al., Plaintiffs-Appellees, v. M/V NICOLAOS D.L., et al., Defendants. OLIN CORPORATION, Defendant-Appellant, Appellee, v. SMITH & KELLY COMPANY, Defendant-Appellee, Appellant.

United States Court of Appeals, Fifth Circuit.

February 1, 1982.

Attorney(s) appearing for the Case

Sewell K. Loggins, Michael V. Elsberry, Atlanta, Ga., for Olin Corp.

George H. Chamlee, Savannah, Ga., for Ionmar Compania Naviera, S.A.

Hill, Rivkinds, Carey, Loesberg & O'Brien, Martin B. Mulroy, New York City, for Consolidated Bearing Co., etc.

Hunter, Houlihan, MacLean, Exley, Dunn & Connerat, Spencer Connerat, Jr., Savannah, Ga., for Georgia Ports Authority.

Stanley M. Karsman, A. Lee Lassiter, Marshall R. Wood, Savannah, Ga., for Smith & Kelly Co.

Bouhan, Williams & Levy, Edwin D. Robb, Jr., Savannah, Ga., James F. Hart, New York City, for Climatrol Industries, Inc., et al.

Before TUTTLE, TJOFLAT and KRAVITCH, Circuit Judges.

TJOFLAT, Circuit Judge:

This admiralty case resulted from a fire that occurred aboard the dry cargo ship M/V NICOLAOS D.L. (the "NICOLAOS") as it was preparing to depart for Australia from the Port of Savannah, Georgia, on the night of March 14, 1970. The fire originated in a stow of "HTH," an algaecide and bactericide manufactured by Olin Corporation (Olin) for use in swimming pools and small drinking water systems. The NICOLAOS and much of its cargo sustained fire...

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