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WARRIOR TOMBIGBEE TRANSP. CO. v. M/V NAN FUNG

No. 82-7106.

695 F.2d 1294 (1983)

WARRIOR TOMBIGBEE TRANSPORTATION COMPANY, INC., Plaintiff-Appellee, v. M/V NAN FUNG etc., Defendant, John K. Irish, Inc., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 17, 1983.

Attorney(s) appearing for the Case

Sidney Schell, Mobile, Ala., for defendant-appellant.

J.M. Druhan, D. Charles Holtz, Mobile, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, FAY and SMITH, Circuit Judges.

FAY, Circuit Judge:

Plaintiff, Warrior Tombigbee Transportation Co., Inc. ("Warrior"), brought this maritime action, 28 U.S.C. § 1333, against John K. Irish, Inc. ("Irish") seeking judgment on a contract claim for the transportation by Warrior of approximately 30,000 metric tons of coal from Cordova, Alabama to Mobile, Alabama. Warrior moved for partial summary judgment. The trial court issued an order with findings of fact and conclusions of law which granted...

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