Har-Win, Incorporated v. Consolidated Grain & Barge Co., and Behimer & Kissner, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
This is an appeal brought under both admiralty and diversity jurisdiction. Appellant Har-Win, Inc. entered into three contracts with appellee Behimer & Kissner, Inc. 1 The first contract was entered into on November 11, 1980. It was a contract of affreightment in which Har-Win agreed to provide two barges each half-month through the calendar year 1981 to carry freight for Behimer & Kissner, and in return Behimer & Kissner agreed to pay freight rental to Har-Win.
The second contract was entered into on March 27, 1981. Har-Win agreed to purchase fifteen sets of…
2Cases cited7 opinions
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- North Pacific Steamship Co. v. Hall Bros. Marine Railway & Shipbuilding Co.Supreme Court of the United States · 1919
- Blue Sky L. Rep. P 71,737 Horace Flannery v. Art Carroll, D/B/A Hemisphere Petroleum and Ben SchultzCourt of Appeals for the Fifth Circuit · 1982
- Battery Steamship Corp. v. Refineria Panama, S. A. And United States of AmericaCourt of Appeals for the Second Circuit · 1975
- Luria Brothers & Co., Inc. v. Pielet Brothers Scrap Iron & Metal, Inc.Court of Appeals for the Seventh Circuit · 1979
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- One Beacon Insurance v. Crowley Marine Services, Inc.Court of Appeals for the Fifth Circuit · 2011
- Pillsbury Co. v. Midland Enterprises, Inc.District Court, E.D. Louisiana · 1989
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