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MTO MARITIME TRANS. OVERSEAS v. McLENDON FORWARDING

Nos. 86-2234, 87-2317.

837 F.2d 215 (1988)

MTO MARITIME TRANSPORT OVERSEAS, INC., Plaintiff-Appellee Cross-Appellant, v. McLENDON FORWARDING CO., Defendant, UMM Al Jawaby Petroleum Co., N.V., Defendant-Appellant Cross-Appellee. MTO MARITIME TRANSPORT OVERSEAS, INC. and M.L.S. Maritime Logistics Service, S.A., Plaintiffs-Appellees, v. McLENDON FORWARDING CO., Defendant, UMM Al Jawaby Petroleum Co., N.V., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 11, 1988.

Attorney(s) appearing for the Case

Britt K. Davis, Fulbright & Jaworski, Houston, Tex., for defendant-appellant cross-appellee.

Grace I. Surguy, James J. Senter, Jr., Haight, Gardner, Poor & Havens, Houston, Tex., for MTO Maritime Transport Overseas, Inc.

Before BROWN, POLITZ, and JOLLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This maritime cargo case comes to us on appeal from a judgment of the District Court, 624 F.Supp. 272, holding Umm Al Jawaby Petroleum Company (Jawaby) and McLendon Forwarding Company (McClendon) jointly and severally liable for actual damages (dead freight) proximately resulting from Jawaby's breach of an oral contract of affreightment between Jawaby and MTO Maritime Transport Overseas (MTO), which...

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