Texas A&M Research Foundation v. Magna Transportation, Inc.

JERRY E. SMITH, Circuit Judge:

Plaintiff Texas A&M Research Foundation (“TAMRF”) sued defendant Magna Transportation, Inc. (“Magna”), for damages suffered from the late debvery of specialized ocean research equipment. Magna, in turn, sought indemnification from third-party defendants Italia di Navi-gazione, S.p.A (“Italia”), and Navaho Shipping Agency, Inc. (“Navaho”). The district court held Magna, Itaha, and Navaho jointly and severally bable to TAMRF but denied certain items of damages as unreasonable and unforeseeable. All but Navaho appeal.

I

TAMRF is a private, non-profit corporation that,…