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AGRICO CHEMICAL CO. v. M/V BEN W. MARTIN

No. 80-3179.

664 F.2d 85 (1981)

AGRICO CHEMICAL COMPANY, Plaintiff, v. M/V BEN W. MARTIN (ex: M/V GREENVILLE), Et Al., Etc., Defendants-Third-Party Plaintiffs-Appellees, v. BRENT TOWING CO., INC., Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 1, 1982.

Attorney(s) appearing for the Case

Harold W. Duke, Joel J. Henderson, Greenville, Miss., for third party defendant-appellant.

E. Spivey Gault, W. Wayne Drinkwater, Jr., Greenville, Miss., for defendants-third-party plaintiffs-appellees.

Before GEE and RUBIN, Circuit Judges, and SPEARS, District Judge.

Rehearing and Rehearing En Banc Denied February 1, 1982.

ALVIN B. RUBIN, Circuit Judge:

A barge loaded with liquid nitrogen fertilizer capsized. The parties involved in supplying and moving the barge concede their liability to the owner of the cargo but each contends that the other was liable for the loss. Based on what we consider to be a misconstruction of the contractual relationship between the parties, the district court found only one party at fault...

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