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MINERAIS U.S. INC., EXALMET DIV. v. M/V MOSLAVINA

No. 94-30258.

46 F.3d 501 (1995)

MINERAIS U.S. INC., EXALMET DIVISION, Plaintiff-Appellant, v. M/V MOSLAVINA, her engines, boilers, etc., et al., Defendants, Turner Marine Bulk, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 11, 1995.

Attorney(s) appearing for the Case

A. Carter Mills, IV, John C. Persons, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for appellant.

Richard B. Foster, Lemle & Kelleher, New Orleans, LA, for appellee.

Before REAVLEY, DUHÉ and PARKER, Circuit Judges.

DUHÉ, Circuit Judge:

Defendant Turner Marine Bulk, a New Orleans stevedore, negligently commingled two lots of ferrochrome that Plaintiff Minerais U.S. Inc. was importing for resale in the United States. Minerais had purchased 700 metric tons (MT) high grade ferrochrome and 1000 MT low grade ferrochrome; 250 MT high grade ferrochrome escaped damage, and the remaining 450 MT high grade and the 1000 MT low grade ferrochrome were commingled. None of the combined...

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