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AMERICAN HOME ASSURANCE CO. v. UNITRAMP LTD.

No. 97-20794.

146 F.3d 311 (1998)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. UNITRAMP LIMITED and Unitramp, S.A., Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 28, 1998.

Attorney(s) appearing for the Case

Innes A. Mackillop, Walter Joseph Gallant, Brown, Sims, Wise & White, Houston, TX, for American Home Assur. Co.

Mark S. Cohen, Chester Joseph Makowski, Royston, Rayzor, Vickery & Williams, Houston, TX, for Defendants-Counter Claimants-Appellants.

Before KING, SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Unitramp Limited and Unitramp, S.A. ("Unitramp"), appeal a judgment that American Home Assurance Company ("American") owes them no indemnity for damages suffered following a delivery of watered fuel. We reverse and render.

I.

Unitramp time chartered the M/V GLENITA, a general cargo vessel, and bought its fuel from Enjet Refining, Inc., a fuel broker insured by American. On June 9, 1993, Enjet supplied 450 metric tons...

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