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SOMMER CORPORATION v. UNITED FRUIT COMPANY

Civ. No. 7025.

335 F.Supp. 412 (1972)

SOMMER CORPORATION, Plaintiff, v. UNITED FRUIT COMPANY, Defendant Third-Party Plaintiff, v. PANAMA CANAL COMPANY, Third-Party Defendant.

District Court, Canal Zone, Division Balboa.

January 4, 1972.

Attorney(s) appearing for the Case

Henry L. Newell, Balboa, Canal Zone, for plaintiff.

Roy Phillipps, Balboa, Canal Zone, for defendant/third party plaintiff.

Dwight A. McKabney, John L. Haines, Jr. and Earl R. McMillin, Balboa Heights, Canal Zone, for third party defendant.

STATEMENT OF FACTS

CROWE, District Judge.

The plaintiff, Sommer Corporation, a company doing business in the Canal Zone, brought this action on September 10, 1970 to recover for damages to certain cargo that it shipped during September 1969 from New Orleans to Cristobal, Canal Zone aboard the SS HAR BOKER, a vessel operated by the defendant, United Fruit Company. The Panama Canal Company was impleaded by the United Fruit Company in December 1970 and on July...

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