Legal Opinion
Tubacex, Inc. v. M/V Risan
Court of Appeals for the Fifth Circuit
Decided February 23, 1995No. 94-20314PublishedCited by 734 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Shipper brought action under COGSA 1 to establish carrier’s liability for damage to cargo. The district court granted summary judgment in favor of carrier, however, finding that the carrier had successfully made out a defense under 46 U.S.C. § 1304(2)(q) by showing that the damage was caused by the actions of the shipper’s agents and without the fault or negligence of the carrier. Finding no error, we AFFIRM.
I. FACTS AND PROCEDURAL HISTORY
In December of 1990, Tubacex, Inc., contracted with Forest Lines, Inc. (hereinafter “FLI”), to ship a load of seamless rolled steel…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Kenneth Walker v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1988
- Encyclopaedia Britannica, Inc. v. Ss Hong Kong Producer, Her Engines, Etc., and Universal Marine CorporationCourt of Appeals for the Second Circuit · 1969
- United States of America, Cross-Appellant v. Central Gulf Lines, Inc., Etc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1992
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3Cited by734 opinions
- Rommie STULTS and Stephen Wallace, Plaintiffs-Appellants, v. CONOCO, INC. and Brad Burmaster, Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1996
- Littlefield v. Forney Independent School DistrictCourt of Appeals for the Fifth Circuit · 2001
- Darlie Kee Darin Routier v. City of Rowlett Texas Jimmy Ray Patterson Chris Frosch Greg Davis, Assistant District Attorney for Dallas CountyCourt of Appeals for the Fifth Circuit · 2001
- Magee v. Life Insurance Co. of North AmericaDistrict Court, S.D. Texas · 2003
- Chiu v. Plano Independent School DistrictCourt of Appeals for the Fifth Circuit · 2001
729 more not listed; retrieve them via the Exa API.