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ASSOCIATED METALS & MINERALS CORP. v. ALEXANDER'S UNITY MV

No. 93-3524.

41 F.3d 1007 (1995)

ASSOCIATED METALS AND MINERALS CORPORATION, Plaintiff-Appellee, v. ALEXANDER'S UNITY MV, her engines, boilers, etc., et al. Defendants, Banque Internationale A Luxembourg S.A., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 1995.

Attorney(s) appearing for the Case

C. Gordon Starling, Jr., William B. Gibbens, III, and John C. Duplantier, Gelpi, Sullivan, Carroll & Gibbens, New Orleans, LA, for appellant.

John Barr Gooch, Jr. and A. Carter Mills, IV, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for appellees.

Before KING, JOLLY and STEWART, Circuit Judges.

KING, Circuit Judge:

This case concerns damage to maritime cargo. In the lower court, Associated Metals and Minerals Corporation argued, and the district court agreed, that damage to its cargo transported by the M/V Alexander's Unity resulted not only from the breach of the contract of carriage by the vessel but also from the physical and financial unseaworthiness of the vessel and the negligence of her owners and/or operators. The district court's judgment...

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