TaiLexi AI U.S. Case Law

Gulf Banana Co., Inc. v. Reefer Shipping Corporation, Ltda.

GULF BANANA CO., Inc., Appellant, v. REEFER SHIPPING CORPORATION, Ltda., Appellee

Gulf Banana Co. v. Reefer Shipping Corp., Ltda., 391 F.2d 287 (5th Cir. 1968)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 11, 1968
Docket
No. 24923
Judges
Brown, Jones, Clayton
Citations
391 F.2d 2871968 U.S. App. LEXIS 7760

Opinion — Per Curiam

PER CURIAM:

The single issue here is one of fact — whether freight for a cargo of bananas was agreed to be a fixed charge of money per case, or, a percentage of the bananas. It was decided against appellant by the district court on conflicting evidence. There, the case should have ended, but did not. The district judge was in a much better position to judge the credibility of the witnesses than are we. We can not say that he was clearly erroneous. “Findings of fact will not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.” Rule 52(a), Federal Rules of Civil Procedure. The trial court should be and is Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1969: 11970: 11975: 11981: 219692026peak 1981 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Eakes v. United States, 391 F.2d 287 (5th Cir. 1968) 30

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list