STURGEON v. STRACHAN SHIPPING CO.

No. 82-3229 Summary Calendar.

698 F.2d 798 (1983)

Arthur W. STURGEON, Plaintiff, Aetna Casualty and Surety Company, Intervenor, v. STRACHAN SHIPPING COMPANY, Defendant-Third-Party Plaintiff-Appellee, v. BANKERS AND SHIPPERS INSURANCE COMPANY OF NEW YORK, Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing April 7, 1983.


Attorney(s) appearing for the Case

Tooley, Waldmann & Weidner, John F. Tooley, Jr., Gretna, La., for third-party defendant-appellant.

Hailey, McNamara, McNamara & Hall, Laurence E. Larmann, Metairie, La., for defendant-third-party plaintiff-appellee.

Before GEE, RANDALL and TATE, Circuit Judges.


Opinion on Granting of Rehearing En Banc April 7, 1983.

PER CURIAM:

The facts of this case as found by the trial court are undisputed by either party. Pursuant to a contract, plaintiff Sturgeon, the owner-driver of a flatbed tractor-trailer, delivered a load of Texas cotton to defendant Strachan Shipping Company in New Orleans, presenting it for unloading at the time and place appointed. Arriving there, he handed over his bills of lading to the Strachan clerk...

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