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FROTA OCEANICA BRASILEIRA v. M/V ALICE ST. PHILIP

No. 85-3263.

790 F.2d 412 (1986)

FROTA OCEANICA BRASILEIRA, S.A., Plaintiff, v. M/V ALICE ST. PHILIP, et al., Defendants. ST. PHILIP OFFSHORE TOWING CO., INC., et al., Defendants-Third Party Plaintiffs-Appellees, v. GULF-TAMPA DRYDOCK COMPANY, Third Party Defendant, Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 1986.

Attorney(s) appearing for the Case

Steven L. Brannock, Holland & Knight, Brooks P. Hoyt, David W. McCreadie, Tampa, Fla., for third party defendant, appellant.

James M. Tompkins, New Orleans, La., for defendants-third party plaintiffs-appellees.

Before BROWN, JOHNSON, and JOLLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this appeal we are asked to determine whether the District Court was clearly erroneous when it decided that a steering failure experienced by the tug ALICE ST. PHILIP was caused by the separation of defective steering components supplied by Gulf-Tampa Drydock Company (Gulf-Tampa). We also must decide whether a "red letter" clause in Gulf-Tampa's contract with the tug's operators and owners (St. Philip)1

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