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SHELL OIL CO. v. M/T GILDA

No. 84-3890.

790 F.2d 1209 (1986)

SHELL OIL COMPANY, and Pecten Oil Trading Company, Plaintiffs-Appellees, v. M/T GILDA, Her Engines, Tackle, Apparel, Furniture, Etc., Defendants, West of England Ship Owners Mutual Protection and Indemnity Association (Luxembourg), Defendant-Appellant, and TOTAL COMPAGNIE FRANCAISE DE NAVIGATION, Defendant-Third Party Plaintiff-Appellant, v. HOLBORN OIL TRADING LIMITED, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1986.

Attorney(s) appearing for the Case

Robert B. Deane, Chaffe, McCall, Phillips, Toler & Sarpy, Harvey G. Gleason, J. Francois Allain, Kenneth J. Servay, New Orleans, La., for third party defendant-appellee.

Hugh Ramsay Straub, Terriberry, Carroll, Yancey & Farrell, Gary A. Hemphill, New Orleans, La., for plaintiffs-appellees.

W.E. Noel, New Orleans, La., for Holborn Oil Trading Ltd.

Before WISDOM, REAVLEY, and JOHNSON, Circuit Judges.

WISDOM, Circuit Judge:

We review a judgment against the ship, the carrier, and the carrier's insurance company for failure of the carrier to deliver 12,068 barrels of crude oil to the owner of the cargo. We reverse the judgment in rem against the M/T GILDA for lack of jurisdiction over the vessel. In all other respects, we affirm the judgment of the district court.

I.

Holborn Oil Trading, Ltd. purchased a quantity of GSM crude oil in August 1979...

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