AMSTAR CORP. v. SOUTHERN PACIFIC TRANSPORT CO.

No. 79-2243 Summary Calendar.

607 F.2d 1100 (1979)

AMSTAR CORPORATION, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORT COMPANY OF TEXAS AND LOUISIANA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 3, 1979.


Attorney(s) appearing for the Case

Dennis John Hauge, New Orleans, La., for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Warren M. Schultz, Jr., New Orleans, La., for defendant-appellee.

Before COLEMAN, HILL and GARZA, Circuit Judges.


PER CURIAM:

Appellant seeks to raise an issue as to the proper measure of damages resulting from damage done to a shipment of sugar from appellant's factory to a customer. The shipment was transported by appellee and it was contended that the damage occurred enroute. However, because the case was ultimately resolved in the district court, by a consent judgment, we conclude that the appeal must be dismissed.

The original complaint alleged liability and damages...

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