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FIREMAN'S FUND INS. COMPANIES v. M/V VIGNES

No. 85-3602.

794 F.2d 1552 (1986)

FIREMAN'S FUND INSURANCE COMPANIES, a corporation, Intercontinental Metals Corporation and Berg Steel Pipe Corporation, Plaintiffs-Appellants, v. M/V VIGNES, her boilers, furnishings, tackle, etc., in rem; A/S KRISTIAN JEBSEN REDERI, her owners, and Cardinal Steel Corporation, now known as Cardinal Shipping Corporation, in personam, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 30, 1986.

Attorney(s) appearing for the Case

George D. Gabel, Jr., Mitchel E. Woodlief, Jacksonville, Fla., for plaintiffs-appellants.

Brendan P. O'Sullivan, Tampa, Fla., for Rederi.

Stephen A. Hould, Jacksonville, Fla., for Cardinal Shipping Corp.

Before HILL, Circuit Judge, HENDERSON and BROWN, Senior Circuit Judges.

JOHN R. BROWN, Senior Circuit Judge:

In this appeal, we must determine whether the District Court erred in holding that the shipowner (Kristian Jebsen Rederi) and the charterer (Cardinal Shipping Corporation) of the M/V VIGNES exercised due diligence to make the VIGNES seaworthy. The District Court ruled that the seawater-damage to the VIGNES' cargo resulted from perils of the sea and latent defects not discoverable by the exercise of due diligence. After careful...

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