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GESELLSCHAFT FUR GETREIDEHANDEL AG. v. SS TEXAS

Civ. A. No. 67-1416.

318 F.Supp. 599 (1970)

GESELLSCHAFT FUR GETREIDEHANDEL AG., Hugo Mathes & Schurr Kg., Herman Schrader, E. Kampffmeyer, Jurt A. Becher, Getreide-Import-Gesellschaft m.B.H., Plaintiffs, v. SS TEXAS, her engines, boilers, etc., and Wilh. Wilhelmsen d/b/a Wilhelmsen Line—Swedish American Line, Defendant.

United States District Court, E. D. Louisiana, New Orleans Division.

January 15, 1970.

Attorney(s) appearing for the Case

John B. Gooch, Jr., Montgomery, Barnett, Brown & Read, New Orleans, La., for plaintiffs.

Walter Carroll, Jr., Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., for defendant.

CASSIBRY, District Judge:

In this case owner's agents permitted a ship to leave the dock for sea with unexplained smoke in one of its holds. Later, at sea, a fire ensued causing severe damage to the cargo. Plaintiff sued for damages to its cargo, and defendant relies upon the defense found in the Fire Statute, 46 U.S.C. § 182, which provides:

"No owner of any vessel shall be liable to answer for or make good to any person any loss or damage, which may...

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