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TRANSNITRO, INC. v. M/V WAVE

Nos. 90-2448, 90-2461.

943 F.2d 471 (1991)

TRANSNITRO, INCORPORATED, Plaintiff-Appellee, v. M/V WAVE, her engines, boilers, tackle, etc., in rem, Defendant-Appellant. TRANSNITRO, INCORPORATED, Plaintiff-Appellant, v. M/V WAVE, her engines, boilers, tackle, etc., in rem, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1991.

Attorney(s) appearing for the Case

Jeremy John Oliver Harwood, Healy & Baillie, New York City, argued (Carter T. Gunn, Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for defendant-appellant.

Richard Ivan Gulick, Norfolk, Va., argued (Alfred J. Will, Badiak, Will & Maloof, New York City, on brief), for plaintiff-appellee.

Before RUSSELL, Circuit Judge, STAKER, District Judge for the Southern District of West Virginia, sitting by designation, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

FRANK A. KAUFMAN, Senior District Judge:

Springwave Marine Limited, owner of the vessel, M/V WAVE (owner), entered into a charter party with Transnitro, Inc. (charterer) pursuant to which the vessel loaded a cargo of prilled urea in Holland, for shipment to and unloading in Saginaw, Michigan. Because of difficulties in unloading at that Great Lakes port, the vessel proceeded to Norfolk, Virginia where it accomplished the cargo's discharge. Then,...

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