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CHEMBULK TRADING LLC v. CHEMEX LTD.

No. 03-30598.

393 F.3d 550 (2004)

CHEMBULK TRADING LLC, Plaintiff-Appellee, v. CHEMEX LTD., Defendant. Novorossiysk Shipping Company, Plaintiff-Appellant, v. Chemex Ltd., Etc., Defendant.

United States Court of Appeals, Fifth Circuit.

December 8, 2004.

Attorney(s) appearing for the Case

E. Carroll Rogers (argued), Peter Brooks Sloss (argued), Murphy, Rogers & Sloss, New Orleans, LA, for Plaintiff-Appellant.

Peter Alexander McLauchlan (argued), Adams & Reese, Houston, TX, Philip A. Franco, Robert N. Markle, Adams & Reese, New Orleans, LA, for Plaintiff-Appellee.

Before KING, Chief Judge, and SMITH and EMILIO M. GARZA, Circuit Judges.

KING, Chief Judge:

The district court granted Defendant-Appellee Chembulk's motion for summary judgment, and Plaintiff-Appellant Novorossiysk appeals. For the following reasons, we REVERSE.

I. BACKGROUND

On May 30, 2001, Novorossiysk Shipping Co. (Novorossiysk) entered into a time-charter party1 with Chemex Ltd. (Chemex) to charter its ship, the M/V TUAPSE, to Chemex....

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