CARGILL, INC. v. DOXFORD AND SUNDERLAND, LTD.

No. 85-3486 Summary Calendar.

782 F.2d 496 (1986)

CARGILL, INC., et al., Plaintiffs-Appellants, v. DOXFORD AND SUNDERLAND, LTD., Defendants, Bethlehem Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 2, 1986.


Attorney(s) appearing for the Case

O'Neil, Eichin & Miller, Earl S. Eichin, Jr., New Orleans, La., I. Matthew Williamson, for plaintiffs-appellants.

Terribery, Carroll & Yancey, Edward S. Bagley, New Orleans, La., for defendant-appellee.

Before CLARK, Chief Judge, JERRE S. WILLIAMS, and PATRICK E. HIGGINBOTHAM, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 2, 1986.

OPINION

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

The defendant Bethlehem Steel repaired the thrust block of M/V SERENA's engine some time before the SERENA, which was under a charter to the plaintiff Cargill, experienced engine failure while transporting Cargill's grain. Cargill conceded that no foreign objects were thrown into the cargo hold...

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