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FERNALES SHIPPING CO. v. BONAIRE PETROLEUM CORP.

No. 82-3594.

733 F.2d 381 (1984)

FERNALES SHIPPING COMPANY, S.A., Plaintiff-Appellant Cross-Appellee, v. BONAIRE PETROLEUM CORPORATION, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

June 4, 1984.

Attorney(s) appearing for the Case

Torres & Bischof, Kenneth B. Krobert, Chalmette, La., for plaintiff-appellant, cross-appellee.

Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, J.Y. Gilmore, Jr., New Orleans, La., for defendant-appellee cross-appellant.

Before BROWN, THORNBERRY and TATE, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This is a case based on a voyage charter that fell through when delays caused the shipper to obtain another vessel to carry its cargo. The shipowner appeals from the denial of its claim for charter hire, and the shipper cross-appeals from the denial of its claim for additional costs incurred in obtaining an alternative charter. Because we agree with the District Court that both parties contributed to the delay and caused the failure of...

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