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PALMER BARGE LINE v. SO. PETROLEUM TRADING

Nos. 83-2354, 84-2485 and 84-2677.

776 F.2d 502 (1985)

PALMER BARGE LINE, INC., Plaintiff-Appellee, v. SOUTHERN PETROLEUM TRADING CO., LTD., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 12, 1985.

Attorney(s) appearing for the Case

Benckenstein, McNicholas, Oxford, Radford, Johnson & Nathan, Mary Ellen Blade, Beaumont, Tex., for plaintiff-appellee.

Gibbs & Ratliff, L. Rand Dennis, Houston, Tex., for defendant-appellant.

Before GARZA, TATE and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge.

Palmer Barge Line, Inc. ("Palmer Barge") brought this maritime action pursuant to Rule 9(h) of the Federal Rules of Civil Procedure seeking to recover damages from Southern Petroleum Trading Company, Ltd. ("Southern Petroleum") for breach of a charter-party. In response to Palmer Barge's complaint, Southern Petroleum asserted that Palmer Barge had signed a release absolving Southern Petroleum of any liability arising out of the charter. After...

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