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VISTAR, S.A. v. M/V SEA LAND EXPRESS

No. 85-2127. Summary Calendar.

792 F.2d 469 (1986)

VISTAR, S.A., Plaintiff-Appellant, v. M/V SEA LAND EXPRESS, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 11, 1986.

Attorney(s) appearing for the Case

Frederick M. Boss, Houston, Tex., for plaintiff-appellant.

Joseph Newton, Houston, Tex., for M/V Sea Land Express.

Humberto L. Juarez, Jr., Laredo, Tex., for Victory Transfer.

Michael E. Warrick, Houston, Tex., for Carolina Cas. Ins.

Before REAVLEY and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

At issue in this case is who shall incur the loss for a varnishing machine which was damaged when it passed under a low highway overpass. Vistar, S.A. (Vistar), who purchased this machine in France, contracted with Sealand Service, Inc. (Sealand) to transport it from Le Havre, France (a port), to Nuevo Laredo, Mexico (an inland city). Sealand carried the machine as far as Houston, Texas, where Sealand's subcontracted carrier, Victory...

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