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AMERICAN ZINC CO. v. FOSTER

Civ. A. No. 3758.

313 F.Supp. 671 (1970)

AMERICAN ZINC CO., Wilbur Ellis Co., Inc., Ralston Purina Corporation, Cargill Incorporated, and International Protein Corporation, Eagle Star Insurance Co., Ltd., Commercial Insurance Company of Newark, Hartford Insurance Company, and Orion Insurance Company, Plaintiffs, v. Jacob A. FOSTER, a pilot, and the Ingalls Shipbuilding Division of Litton Systems, Inc., a Maryland Corporation, Defendants, v. The INGALLS SHIPBUILDING DIVISION OF LITTON SYSTEMS, INC., a Maryland Corporation, Third Party Plaintiff, v. VERA CRUZ CIA. NAVIERA, S.A., Owners of the S/S STELLA MARIS, in personam, and the S/S Stella Maris, her engines, boilers, etc., in rem, and Jacob A. Foster, her pilot, Third Party Defendants.

United States District Court, S. D. Mississippi, S. D.

March 20, 1970.

Attorney(s) appearing for the Case

Merle Palmer, Wm. J. Palmer, Pascagoula, Miss., Frank C. Allen, Jr., Robert B. Acomb, Jr., New Orleans, La., for defendant and third party plaintiff (Ingalls).

Albert S. Johnston, III, Pascagoula, Miss., Raymond P. Hayden, Richard Ashworth, New York City, for third party defendants (Vera Cruz & Stella Maris).

John D. Gautier, Pascagoula, Miss., Lester C. Franklin, Jr., Pascagoula, Miss., Francis V. Elias, Donovan, Donovan, Maloof & Walsh, New York City, for plaintiffs (Cargo).

Clinton Lockard, Pascagoula, Miss., for Jacob A. Foster, defendant and third party defendant (Pilot).

NIXON, District Judge.

This is a suit in admiralty filed by plaintiffs, owners of certain shipments of cargo consisting of zinc concentrates, fishmeal and whalemeal, which was loaded and stowed in Peru aboard the Peruvian ship, S/S Stella Maris, and which was being transported thereon to Pascagoula, Mississippi. Plaintiffs contend that their cargo was partly damaged and partly subjected to "Stella Maris'" claim in General Average when the "Stella Maris" struck a submerged...

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