ALLSTATE INS. CO. v. IMPARCA LINES

No. 79-3355.

646 F.2d 166 (1981)

ALLSTATE INSURANCE COMPANY, a corporation and Delta Overseas, Inc., a corporation, Plaintiffs-Appellees, v. IMPARCA LINES, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied June 24, 1981.


Attorney(s) appearing for the Case

Smathers & Thompson, Christian D. Keedy, Miami, Fla., for defendant-appellant.

Richard R. McCormack, Miami, Fla., for plaintiffs-appellees.

Before JONES, HILL and ANDERSON, Circuit Judges.


R. LANIER ANDERSON, Circuit Judge:

Appellant, Imparca Lines ("Imparca"), appeals from the judgment of the district court holding it liable to the appellee for the value of the contents of a container which was lost or stolen before final delivery to the consignee. We reverse.

FACTS

In July, 1977, Delta Overseas, Inc. ("Delta" or "shipper"), a company engaged in the business of importing and exporting electronic equipment, received an order for equipment...

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