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GULF OIL TRADING CO. v. M/V CARIBE MAR

No. 84-4163.

757 F.2d 743 (1985)

GULF OIL TRADING COMPANY, A DIVISION OF GULF OIL CO., Plaintiff-Appellee Cross-Appellant, v. M/V CARIBE MAR (formerly M/V Fair Sky F), her engines, tackle, apparel, boilers, etc.), Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 1985.

Attorney(s) appearing for the Case

Bryan, Nelson, Allen, Schroeder & Cobb, Harry R. Allen, Gulfport, Miss., Joseph M. Allen, Jr., Gregory C. Buffalow, Mobile, Ala., for defendant-appellant cross-appellee.

White & Morse, George E. Morse, Gulfport, Miss., Burlingham, Underwood & Lord, Robert J. Zapf, New York City, for plaintiff-appellee cross-appellant.

Before GARZA, POLITZ and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Gulf Oil Trading Company (Gulf) supplied fuel oil to ships owned or chartered by Uiterwyk Corporation (Uiterwyk), a shipping corporation, from 1964 until at least January 11, 1982. This litigation stems from Uiterwyk's insolvency and resulting failure to pay for two deliveries of fuel made toward the end of that commercial relationship. A summary of the facts surrounding these deliveries follows.

I.

In December 1982...

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