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BANANA SERVICES, INC. v. M/V FLEETWAVE

No. 89-3372 Non-Argument Calendar.

911 F.2d 519 (1990)

BANANA SERVICES, INC., Plaintiff-Appellant, v. M/V FLEETWAVE, her engines, tackle, furnishings, etc., In Rem, United Brands Company, a foreign corporation or other business entity, In Personam, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 7, 1990.

Attorney(s) appearing for the Case

Thomas E. Fotopulos, Tampa, Fla., for plaintiff-appellant.

Brendan P. O'Sullivan, Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, Fla., for defendants-appellees.

Before Judges TJOFLAT, Chief Judge, JOHNSON, Circuit Judge, and HILL, Senior Circuit Judge.

HILL, Senior Circuit Judge:

This case concerns a shipment of rotting plantains. The plantain, or musa para disiaca, is the first cousin of the banana. "It is distinguished in appearance from the ordinary banana by its angular shape and yellowish green color."1 Plantains share one important characteristic with their cousin, the ordinary banana; they like to ripen in a certain way.2

The appellant...

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