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SUN OIL CO. OF PA. v. M/T CARISLE

No. 84-1536.

771 F.2d 805 (1985)

SUN OIL COMPANY OF PENNSYLVANIA, Sun International, Ltd., Appellants, v. M/T CARISLE, Her Engines, Boilers, Tackle, etc., In Rem, Ore Sea Transport S.A. of Panama, and Tradax Gestion, S.A.

United States Court of Appeals, Third Circuit.

Decided September 4, 1985.

Attorney(s) appearing for the Case

Francis J. Deasey (argued), Kevin J. O'Brien, Deasey, Scanlan & Bender, Ltd., Philadelphia, Pa., for appellants.

James F. Young (argued), Thomas Fisher, III, Krusen Evans and Byrne, Philadelphia, Pa., for appellees.

Raul Betancourt, Jr., Edward T. Connelly, Palmer Biezup & Henderson, Philadelphia, Pa., (Elton A. Ellison, Koch Industries, Inc., Wichita, Kan., of counsel), for amicus curiae Koch Industries, Inc.

Before HUNTER and SLOVITER, Circuit Judges, and COHEN, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

This appeal represents another skirmish in the long battle between shippers, who send their goods by sea, and carriers, whose vessels transport the goods. The issue, briefly stated, concerns the existence and validity of a trade custom relieving the carrier of the responsibility for delivering 0.5% of crude oil delivered to it for transport. It is one of first impression for...

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