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FURNESS WITHY (CHARTERING), INC., PANAMA v. WORLD ENERGY SYSTEMS ASSOCIATES, INC.

No. 84-7742.

772 F.2d 802 (1985)

FURNESS WITHY (CHARTERING), INC., PANAMA, Plaintiff-Appellant, v. WORLD ENERGY SYSTEMS ASSOCIATES, INC., Wesa, Inc., Defendants, Hemmert Shipping Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 30, 1985.

Attorney(s) appearing for the Case

Robert B. Fougner, Mark Jaffe, New York City, for Furness Withy, etc.

Alex F. Lankford, III, Mobile, Ala., for World Energy & Wesa, Inc., Hemmert Shipping & Texas Chartering.

Before VANCE and HENDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

HENDERSON, Circuit Judge:

This complicated admiralty case arises out of an unusual incident that occurred in Mobile, Alabama on August 10, 1981. On that day, an inexperienced seller of coal, who is not a party to this appeal, was under binding contract with two different companies to ship coal from Mobile to Taiwan. This appeal involves the determination of which of those two companies must sustain the loss growing out of the dual contracts.

On November 27...

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