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COASTAL (BERMUDA) LTD. v. E.W. SAYBOLT & CO., INC.

No. 86-3489.

826 F.2d 424 (1987)

COASTAL (BERMUDA) LTD., Plaintiff-Appellee Cross-Appellant, v. E.W. SAYBOLT & CO., INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 27, 1987.

Attorney(s) appearing for the Case

Francis A. Courtnay, Jr., A. Gill Dyer, Julianne Owens, Courtenay, Forstall, Grace & Hebert, New Orleans, La., for defendant-appellant, cross-appellee.

Terriberry, Carroll & Yancey, M.D. Yager, New Orleans, La., for Equity Shipping Corp.

Robert M. Contois, Jr., New Orleans, La., for Coastal.

Before WRIGHT, GEE and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this action Coastal (Bermuda) Ltd. ("Coastal"), a dissatisfied purchaser of 60,000 metric tons of "No. 6" fuel oil, filed suit against the independent surveyor of the oil cargo, E. W. Saybolt & Co., Inc. ("Saybolt"), seeking damages based on tort and contract theories. Following a one day bench trial, the district court rejected Coastal's contract theory, but held that under Section 552 of the Restatement (Second) of Torts...

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