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AMERICAN HOME ASSUR. CO. v. SLETTER M/V

No. 94-30131.

43 F.3d 995 (1995)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff, v. SLETTER M/V, her engines, tackle, radios, furniture, fixtures, gear, apparel, appurtenances, etc., in rem, et al., and Tweendeck, VI K/S and Karlander Shipping Services A/S, Defendants-Cross-Plaintiffs-Cross-Defendants-Appellees, v. BRAZILIAN OVERSEAS SHIPPING SERVICES, LTD., Defendant-Cross-Defendant-Cross-Plaintiff-Appellant. The West of England Ship Owners Mutual Insurance Association (London) Limited, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 3, 1995.

Attorney(s) appearing for the Case

E. Carroll Rogers, Murphy, Williams, Rogers & Sloss, Conrad S.P. Williams, III, New Orleans, for appellant.

Cynthia Anne Wegmann, Charles Felician Lozes, Terriberry, Carroll & Yancy, New Orleans, for Tweendeck & Karlander Shipping Services.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and BERRIGAN, District Judge.

BERRIGAN, District Judge:

The issue in this case is to determine who is responsible—as between a vessel owner or the time charterer of a vessel—for damage to that vessel's cargo caused by stowaways. The District Court determined that the time charterer was solely responsible, absolving the vessel owner of any liability. We affirm.

Factual and Procedural History

Tardivat International (NY) Coffee Corporation ("Tardivat") purchased...

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