PACIFIC EMP. INS. CO. v. M/V CAPT. W.D. CARGILL

No. 84-3139.

751 F.2d 801 (1985)

PACIFIC EMPLOYERS INSURANCE COMPANY, Plaintiff-Appellant, v. M/V CAPT. W.D. CARGILL, her engines, tackle, apparel, furniture, etc., in rem, and the United Kingdom Steamship Assurance Association, Ltd., in personam, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 15, 1985.


Attorney(s) appearing for the Case

Charles Kohlmeyer, Jr., Patrick Johnson, Jr., Andrew S. deKlerk, New Orleans, La., for plaintiff-appellant.

Donald A. Lindquist, Kenneth J. Servay, New Orleans, La., for defendants-appellees.

Before THORNBERRY, GARWOOD, and HILL, Circuit Judges.


ROBERT MADDEN HILL, Circuit Judge:

This is an appeal from the dismissal of a declaratory judgment sought by Pacific Employers Insurance Company (Pacific), the insurer of cargo interests on the M/V CAPTAIN W.D. CARGILL, in anticipation of a subsequently filed suit against Pacific by the United Kingdom Mutual Steam Ship Assurance Association (U.K. Club), the ship's insurer, for a contribution by Pacific on behalf of cargo interests to a general average statement. The...

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