Alpine Ocean Seismic Survey, Inc. v. F.W. Myers & Co., Inc.

E. GRADY JOLLY, Circuit Judge:

The plaintiff contracted with an intermediary to have certain time-sensitive items shipped. The intermediary contracted with the defendant to ship the items. When the defendant did not deliver some of the items on time, the plaintiff sued the defendant for damages caused by the late delivery. Because we find that the defendant owed no duty to the plaintiff with whom it did not contract, we affirm the district court’s grant of summary judgment to the defendant.

I

Alpine Ocean Seismic Survey, Inc. (“Alpine”) took samples containing microorganisms from the ocean floor…