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INDUSTRIA NACIONAL DEL PAPEL, CA. v. M/V ALBERT F

No. 82-5865.

730 F.2d 622 (1984)

INDUSTRIA NACIONAL DEL PAPEL, CA., Plaintiff-Appellee Cross-Appellant, Sanca Steel Corporation, Intervening Plaintiff, Fairwind Container, Counter Claimant-Appellant, Cross-Appellee, v. M/V "ALBERT F", In Rem, etc., Defendant, Sanca Steel Corporation, et al., Counter Defendants.

United States Court of Appeals, Eleventh Circuit.

April 20, 1984.

Attorney(s) appearing for the Case

Hayden & Milliken, Pa., John D. Kallen, William B. Milliken, Miami, Fla., for Fairwind Container.

Robert J. Schaffer, Miami, Fla., for Industria Nacional Del Papel, CA.

Before HILL and HATCHETT, Circuit Judges, and ALLGOOD, District Judge.

HATCHETT, Circuit Judge:

In this action, we must determine whether a vessel may be held liable in rem for non-delivery of its cargo described in a clean on board bill of lading. We affirm the district court which held the vessel liable in rem because it was estopped from impeaching the bill of lading.

On January 9, 1979, the appellee, Industria Nacional Del Papel (Induspapel), ordered 1,500 metric tons of soft wood kraft pulp from Sanca Steel Corporation ...

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