Naviera Neptuno S.A. v. All International Freight Forwarders, Inc.

KRAVITCH, Circuit Judge:

In this action to collect ocean carrier freight charges we are urged to decide that the freight forwarder was, as a matter of law, the agent of the shipper, thereby making the shipper responsible for the freight forwarder’s failure to pay freight charges to the carrier. Alternatively, we are asked to find that material facts as to the agency relationship were in dispute rendering inappropriate the district court’s summary judgment for the shipper. Finding that at least one material fact remains in dispute, we reverse and remand.

Appellee Parts Express International,…