HERCULES, INC., Plaintiff,
v.
STEVENS SHIPPING CO., INC., et al., Defendants,
DETCO TOWING CO., INC., Defendant-Appellee,
v.
AETNA CASUALTY & SURETY CO., Intervenor-Appellant.
HERCULES, INC., Plaintiff,
v.
STEVENS SHIPPING CO., INC., et al., Defendants,
ESCAMBIA TREATING CO., Defendant-Appellant,
v.
DETCO TOWING CO., INC., Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 22, 1983.
February 22, 1983.
Attorney(s) appearing for the Case
George D. Gabel, Jr., Jacksonville, Fla., H. Edward Moore, Jr., Pensacola, Fla., for Escambia Treating Co.
Allen F. Campbell, Brunswick G. Deutsch, New Orleans, La., Albert Fendig, Jr., Brunswick, Ga., for Aetna.
Gustave R. Dubus, II, Savannah, Ga., for Detco Towing Co., Inc.
Before GODBOLD, Chief Judge, BROWN, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, JR., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK and WILLIAMS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JOHN R. BROWN, Circuit Judge:
Escambia1 sold approximately 4,350 telephone poles for delivery in Puerto Rico. As part of the contract, Escambia had to arrange transportation. On April 25, 1975, Escambia entered into a contract with Hercules described as a charter of the barge HERWOOD for transportation of the poles from Brunswick, Georgia to San Juan, Puerto Rico. Two days earlier, on April 23, 1975, Hercules amended a long-term contract...
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