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FARMERS EXPORT CO. v. M/V GEORGIS PROIS, ETC.

No. 84-3830.

799 F.2d 159 (1986)

FARMERS EXPORT COMPANY, Plaintiff-Appellee, Cross-Appellant, v. M/V GEORGIS PROIS, ETC., Defendant, Marfo Compania S.A., in personam, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 5, 1986.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Toler & Sarpy, Harvey G. Gleason, Frank V. LeBlanc, III, New Orleans, La., for defendant-appellant, cross-appellee.

Andre J. Mouledoux, John F. Young, Jr., New Orleans, La., for plaintiff-appellee, cross-appellant.

Before RANDALL and GARWOOD, Circuit Judges, and SCHWARTZ, District Judge.

GARWOOD, Circuit Judge:

A shipowner appeals the district court's judgment enforcing the liquidated damages clause of a dock tariff. Appellee, a grain elevator, billed the shipowner at the rate of $5,000 per hour, as provided in the dock tariff, for the twenty-eight-hour period during which the ship remained at berth after being requested to leave. The ship was unable to leave the berth because striking crew members prevented the master from casting off his lines....

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