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FERROMET RESOURCES, INC. v. CHEMOIL CORP.

No. 92-3748.

5 F.3d 902 (1993)

FERROMET RESOURCES, INC., Plaintiff-Appellee, Cross-Appellant, v. CHEMOIL CORPORATION and Hollywood Marine, Inc., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

October 29, 1993.

Attorney(s) appearing for the Case

Thomas J. Wagner, Wagner & Bagot, New Orleans, LA, for Chemoil and Hollywood Marine.

Robert B. Deane, Daphne P. McNutt, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Ferromet Resources.

Before GARWOOD, DAVIS, and SMITH, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Chemoil Corporation (Chemoil) and Hollywood Marine, Inc. (Hollywood) appeal the judgment of the district court granting Ferromet's motion for summary judgment in an action to recover damages for detention of a vessel. We vacate and remand.

I.

Ferromet was the time charterer of the M/V PANTAZIS L (PANTAZIS). The time charter specifically prohibited Ferromet from incurring any liens on the ship. Ferromet, through its...

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