Legal Opinion

Furness Withy (Chartering), Inc., Panama v. World Energy Systems Associates, Inc., Wesa, Inc., Hemmert Shipping Corporation

Court of Appeals for the Eleventh Circuit

Decided September 30, 1985No. 84-7742PublishedCited by 13 opinions

1Opinion of the Court

HENDERSON, Circuit Judge:

This complicated admiralty case arises, out of an unusual incident that occurred in Mobile, Alabama on August 10, 1981. On that day, an inexperienced seller of coal, who is not a party to this appeal, was under binding contract with two different companies to ship coal from Mobile to Taiwan. This appeal involves the determination of which of those two companies must sustain the loss growing out of the dual contracts.

On November 27, 1980, Dr. Paul Liu, a director of World Energy Systems Associates, Inc. (World Energy) contracted to supply 50,000 metric tons of coal to…

2Cases cited5 opinions

  1. United States v. New York Telephone Co.Supreme Court of the United States · 1977
  2. John Pino v. Protection Maritime Insurance Company, Ltd.Court of Appeals for the First Circuit · 1979
  3. William Baker v. Dean BellCourt of Appeals for the Fifth Circuit · 1980
  4. Frontera Fruit Co. v. DowlingCourt of Appeals for the Fifth Circuit · 1937
  5. Ships & Freights Inc. v. Farr, Whitlock & Co.District Court, E.D. New York · 1960

3Cited by13 opinions

  1. U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
  2. prod.liab.rep.(cch)p 11,775 Carol Morris, Administratrix of the Estate of Linda Louise Grimes, Deceased v. Sse, Inc.Court of Appeals for the Eleventh Circuit · 1988
  3. U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
  4. J. Lauritzen A/s Lauritzen Reefers A/s v. Dashwood Shipping, Ltd.Court of Appeals for the Ninth Circuit · 1995
  5. Result Shipping Co., Ltd. v. Ferruzzi Trading USA Inc.Court of Appeals for the Second Circuit · 1995

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