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ARMIT v. ELENI INTERN

No. 99-30097.

201 F.3d 556 (2000)

Cynthia ARMIT, wife of/and John Armit, Plaintiffs, v. ELENI INTERNATIONAL, SHIPPING, S.A., Safety Management Overseas, S.A., Defendants-Cross-Defendants-Appellees, v. Bunge Corporation, Defendant-Cross-Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 21, 2000.

Attorney(s) appearing for the Case

Edward S. Johnson (argued), Cindy Teresa Matherne, Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for Bunge Corp.

Ashton R. O'Dwyer, Jr. (argued), Allison Carroll Bell, Lemle & Kelleher, New Orleans, LA, for Eleni Intern. Shipping, S.A. and Safety Management Overseas, S.A.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and DUPLANTIER, District Judge.

DUPLANTIER, District Judge:

This appeal presents the issue of whether Blue Water Shipping Company (Blue Water), the agent for the time charterer of the M/V ELENI, had actual or apparent authority to bind Eleni International Shipping, S.A. (Eleni), the owner of the M/V ELENI, or Safety Management Overseas, S.A. (Safety), the operator/manager of the vessel, to the indemnification and defense provisions of a dock tariff incorporated by reference into the berth application...

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