Legal Opinion

Har-Win, Incorporated v. Consolidated Grain & Barge Co., and Behimer & Kissner, Inc.

Court of Appeals for the Fifth Circuit

Decided July 18, 1986No. 85-3593PublishedCited by 20 opinions

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

  1. Kossick v. United Fruit Co.Supreme Court of the United States · 1961
  2. North Pacific Steamship Co. v. Hall Bros. Marine Railway & Shipbuilding Co.Supreme Court of the United States · 1919
  3. 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
  4. Battery Steamship Corp. v. Refineria Panama, S. A. And United States of AmericaCourt of Appeals for the Second Circuit · 1975
  5. Luria Brothers & Co., Inc. v. Pielet Brothers Scrap Iron & Metal, Inc.Court of Appeals for the Seventh Circuit · 1979

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Plath v. SchonrockMontana Supreme Court · 2003
  2. F.W.F., Inc. v. Detroit Diesel Corp.District Court, S.D. Florida · 2007
  3. Jackson v. Royal Caribbean Cruises, Ltd.District Court, N.D. Texas · 2019
  4. One Beacon Insurance v. Crowley Marine Services, Inc.Court of Appeals for the Fifth Circuit · 2011
  5. Pillsbury Co. v. Midland Enterprises, Inc.District Court, E.D. Louisiana · 1989

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