E. S. I. Meats, Inc. v. Gulf Florida Terminal Co.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
HENDERSON, Circuit Judge:
This is an appeal from judgments in five non-jury diversity cases consolidated pursuant to Rule 42(a), F.R.Civ.P. The litigation involves damage to perishable food caused primarily by the breakdown of an ammonia-based cooling system in a cold-storage warehouse. The central issue in dispute is the cause of the breakdown. Our review is complicated by the placement of the burden of proof in the liability stage of the trial. We affirm the findings on causation, but remand to the district court for a recomputation of damages.
The plaintiffs were customers of Gulf Florida…
2Cases cited23 opinions
- Clay v. Sun Ins. Office Ltd.Supreme Court of the United States · 1960
- United States v. LouisianaSupreme Court of the United States · 1960
- M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
- Parker v. Brinson Construction CompanySupreme Court of Florida · 1955
- Perkins State Bank, a Florida Banking Corporation v. John Connolly, the Hanover National Bank of Wilkes-BarreCourt of Appeals for the Fifth Circuit · 1980
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- Lonray, Inc. v. Azucar, Inc.District Court, M.D. Florida · 1983
- Cates v. Morgan Portable Building Corp.Court of Appeals for the Seventh Circuit · 1985
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