Royal Smit Transformers BV v. Onego Shipping & Chartering
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge:
*545 Royal SMIT tried to ship a few of its transformers from the Netherlands to Louisiana. It contracted with an intermediary to arrange the transport. The transformers were damaged along the way, so Royal SMIT and its insurers tried to sue the carriers with whom the intermediary had contracted. But the district court concluded they were precluded from doing so because of a Himalaya Clause in the company's agreement with the intermediary. The court granted summary judgment in favor of the carriers. That decision was appealed, and we affirm.
I
Plaintiff Royal SMIT…
2Cases cited14 opinions
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- Harvey Corbitt v. Diamond M. Drilling Co., Shell Oil Company, Third-Party v. Sladco, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1981
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