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NITRAM, INC. v. CRETAN LIFE

No. 76-3234.

599 F.2d 1359 (1979)

NITRAM, INC., Plaintiff, v. Motor Vessel CRETAN LIFE, her engines, tackle, apparel, etc., in rem., et al., Defendants. SKOPI SHIPPING CO., LTD., in personam, Defendant-Third-Party-Plaintiff-Appellee, v. ITALMARE SHIPPING COMPANY et al., Third-Party-Defendants-Appellants-Cross-Appellees, v. MONTEDISON, S.p.A., Third-Party-Defendant-Appellee-Cross-Appellant, Eller and Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

August 3, 1979.

Attorney(s) appearing for the Case

Paul D. Hardy, Tampa, Fla., for Italmare Shipping Co.

David G. Hanlon, Tampa, Fla., for Montedison.

Kirkby Ressler, New York City, Nathaniel G. W. Pieper, Tampa, Fla., for Skopi & Cretan Life.

Before RONEY, TJOFLAT, AND HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This case revolves around the damage to, and the short delivery of, a cargo of calcium ammonium nitrate (CAN). The principal actors are the shipowners, the time charterer and the voyage charterer. Although the legal issues involved are too numerous to be susceptible of handy summation, suffice it to say that the ultimate issue before us is who will pay for the damaged cargo and its short delivery. Not surprisingly, each party unselfishly...

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