Legal Opinion

Allstate Insurance Company, a Corporation and Delta Overseas, Inc., a Corporation v. Imparca Lines, a Foreign Corporation

Court of Appeals for the Fifth Circuit

Decided May 26, 1981No. 79-3355PublishedCited by 30 opinions

1Opinion of the Court

R. LANIER ANDERSON, Circuit Judge:

Appellant, Imparca Lines (“Imparca”), appeals from the judgment of the district court holding it liable to the appellee for the value of the contents of a container which was lost or stolen before final delivery to the consignee. We reverse.

FACTS

In July, 1977, Delta Overseas, Inc. (“Delta” or “shipper”), a company engaged in the business of importing and exporting electronic equipment, received an order for equipment from Shiba Electronic S. A. (“Shiba”), a Venezuelan company. On July 13, 1977, Delta obtained a 20-foot cargo container from Imparca. Delta’s…

2Cases cited4 opinions

  1. Constable v. National Steamship Co.Supreme Court of the United States · 1894
  2. F. J. Walker, Limited, Orleans International, Inc. v. The Motor Vessel "Lemoncore," Her Engines, Etc., DefendantsCourt of Appeals for the Fifth Circuit · 1977
  3. Isthmian Steamship Company, a Corporation v. California Spray-Chemical Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1962
  4. Tan Hi v. United StatesDistrict Court, N.D. California · 1950

3Cited by30 opinions

  1. Wemhoener Pressen v. Ceres Marine Terminals, Inc.Court of Appeals for the Fourth Circuit · 1993
  2. Servicios-Expoarma, C.A., and Orimpex-Zona Ind. Del Este v. Industrial Maritime Carriers, Inc.Court of Appeals for the Fifth Circuit · 1998
  3. Tapco Nigeria, Ltd. v. M/v Westwind, Etc.Court of Appeals for the Fifth Circuit · 1983
  4. Union Steel America Co. v. M/V SANKO SPRUCEDistrict Court, D. New Jersey · 1998
  5. Farrell Lines Incorporated v. Highlands Insurance Company, Jomark Textiles, Inc., and N.B.F. Import-Export Co., Highlands Insurance Company, Highlands Insurance Company v. M/v "Export Ambassador," Her Engines, Boilers, Etc., Farrell Lines IncorporatedCourt of Appeals for the Second Circuit · 1982

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