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BENDER SHIPBUILDING & REPAIR CO. v. BRASILEIRO

No. 88-7131.

874 F.2d 1551 (1989)

BENDER SHIPBUILDING & REPAIR COMPANY, INC., Plaintiff-Appellee, v. C.N. Lloyd BRASILEIRO, Defendant, The Hartford Insurance Company of Alabama, in personam, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 13, 1989.

Attorney(s) appearing for the Case

M. Kathleen Miller and A. Danner Frazer, Jr., Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, Ala., for defendant-appellant.

A. Clay Rankin, III, and Brian P. McCarthy, Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., for Bender Shipbuilding & Repair Co., Inc.

Before KRAVITCH and EDMONDSON, Circuit Judges, and HOFFMAN, Senior District Judge.

WALTER E. HOFFMAN, Senior District Judge:

This appeal concerns whether the United States District Court for the Southern District of Alabama properly granted a cross-motion for summary judgment filed by plaintiff-appellee Bender Shipbuilding and Repair Company, Inc. (Bender). The district court held that Bender's liability for liquidated damages to Todd Shipyards Corporation (Todd) resulting from delay in delivery of a floating drydock was covered under the Collision...

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